File Format:

Adobe Reader

JOURNAL
OF THE
SENATE
oorn@~~
JUL 1 9 19 9
EIGHTH LEGISLATURE
OF THE
STATE OF ARIZONA
(5TH AND 6TH SPECIAL SESSIONS)
1928
CJ , ( . ~ c:,l,J •.
!i ",-c.J. 1·.- ul·', 11:: 1 :
': I ..... ~~'
List of Officers
addresses
Page Number
postoffic~
PART II.
Senate· Journal, 5th Special Session --------------------·-·--··----------------····
Monday, November 19 --------------------------------------------------·------···--·----------­Tuesday,
November 20 ----------------------,----------·----------···------~-----··-------·
Wednesday, November 21 -----------------------·-----------·-····-·-··--··--···-----------­Thursday,
November 22 --------------------------------·-···-··-···--·----······--·······----
Friday, November 23 __ : ______ ·-··------------···----·········------···········--·,·--···-···
Saturday, November 24 ------------·-------------··--·------····-··•·--····--··········-···
Monday, November 26 ______ -------------------····------··-·-·-·····-········-····-···········
Tuesday, November 27 ------····--------------------···---······-·········-············--·
Wednesday, November 28 ---------------------------------------·-···-----·····-·····--·-·
Friday, November 30 -----------------------·--···-----------··--···-··-··+--··········-······
Saturday, December 1
Monday, December 3
Tuesday, December 4
5
7-232
7- .16
16- 20
20- 34
34- 38
38- 41
41- 44
44- 47
47- 54
54- 59
59- 66
~7- 74
74- 83
83- 88
Wednesday, December 5 -----------------------------------·-······-···-------········--·· 8"8- 99
Thursday, December 6 -------------------------------·-··-····---·-···-····---------····------ 99-112
Friday, December 7 ----------··-------···-----·--·-···········;----········-----·--··-·-····-··· 112-120
Saturday, December 8 ·----··----·-·-·-----------------·---·····--·---·-··-···-········-··--·---- 120-121
Monday, Deceml::er 1() ----------------------·-----·--····-----·-····--······---.,·-··-------- 122-136
Tuesday, December 11 -------------------------·········---·--·--··--·--» .. ---·-----------·--·- 136-146
Wednesday, December 12 ------------------------------·--·--·-·--·-····--------.,------···· 146-153
Thursday, December 13 --·· -----------------------.-----------------·····-·······-··-··--·-··· 153-161
Fl"iday, December 14 _ ··--·--------··-·········---·-········-···-···············-··"'·····---- 161-169
Saturday, December 15 .. ., ________ -··----·--············--.---·-·-·····.,·-··"'·-·····--- 169-174
J\/fonday, December 17
'Tuesday, December 18 ___ ---·- -------------------------·····-···----·-···-··---------.. ·····
Wednesday, December 19
Thursday, J)ecen1 ber 20
174-1.80
180-186
:186-187
187-Hlli,
194-2()9
21()-2}/,
Page Number
PART III.
Senate Journal, Sixth Special Session -------------------------------------------- 233-245
PART IV
{Chapter) Index to Senate Journal, Fifth Special Session _______ 249-341
(a) Chapters, Numerical Index ·····-····---·······----·····-·-······ 249-253
(b) Chapters, Subject - Index ····---·-···········-········-···: .... :. 253-261
( c) Chapters, Record Index -----·----·······--······------···'······-··· 261-341
PART V.
Index to Senate Journal, Fifth Special Session -······-·····-···': .. ___ :.: .. '342-344
(a) Bills, Numerical Index ··---········--·-··----·····--········--:: .. ' 342
(b) Bills, Record Index -······-·-···-·-············-·············:.<..:· 342-343
(c) Joint Resolutions ····-··-·····: ...... ______ ....... , ______________ : __ , 343
( d) Concurrent Resolutions -------------·--------·------·--·------··- 344
( e) Resolutions -----------------------·-----------------------------------··-·--- · 344
(f} Concurrent Memorials ---------·----•--·---------·-·-·---·······: ... 344
(g) Memorials ······-···---·----------·····················-···--·-·--··--·-······
PART VI.
Miscellaneous Index to Senate Journal, Fifth Special Session____ 345
PART VII.
Errata, Senate Journal, Fifth Special Session
PART vm
346
Index to Senate Journal, Sixth Special Session ····-····-·-···-······------ 347-343
PART l
OFFICERS OF THE SENATE, EIGHTH LEGISLATURE
MULFORD WINSOR.Yuma, Yuma County .............. President
DOROTHY BURTON .. Phoenix, Maricopa County .. Secretary
W. J. GRAHAM ............ Phoenix, Maricopa County .. Assistant Secretary
E. E. WILLIAMS ........ Phoenix, Maricopa County .. Chaplain
WILLIAM GADD ........ Phoenix, Maricopa County .... Sergeant-at-Arms
MEMBERS OF THE SENATE, EIGHTH LEGISLATURE
County Member Politics Residence
Apache ................ Fred T. Colter .............. Dem ............................. Colter
Cochise ................. Fred Sutter .................... Dem. .......... Bisbee
Cochise ... - ........... J. B. Wylie .................... Dem ............................ Douglas
, ·Coconino ........... 1E. R. Byersl ............•...... Rep. . ............................. Williams
Gila ...................... Alfred Kinney .............. Dem ............................ Globe
Gila ...................... John R. Lyons .............. Dem ............................... Miami
Graham .............. T. S. Kimball ................ Dem ............................... Safford
Greffil.lee .............. H. W. Hill .................... Dem ............................... Mo,renci
Maricopa ............ Dan P. J ones ................ Dem. . ............................ Mesa
Maricopa ............ Harlow Akers .............. Dem. . ............................ Phoenix
Mohave .............. Charles Waters ............ Dem. .. ........................... Kingman
Navajo ............ +G. W. Nelson ................ Dem .............................. Winslow
Pima .................... T. W. Donnelly ............ Dem ............................... Tucson
Pima .................... William C. Joyner ........ Dem ............................. Tucson
Pinal .................... Thomas N. Wills .......... Dem ............................... Oracle
Santa Cruz ........ Andrew Bettwy ............ Dem ............................. Nogales
Yavapai .............. A. H. Favour ................ Dem ............................ Prescott
Yavapai .............. Wayne Thornburg ...... Rep .............................. Kirkland
Yum-a .................. Mulfo:r.d Winsor .......... Dem ............................ Ynma
SENATE JOURNAL
EIGHTH STATE LEGISLATURE
FIFTH SPECIAL SESSION-1928
MONDAY, NOVEMBER NINETEEN
Pursuant to executive proclamation issued by Honorable Geo.
W. P. Hunt, Governor of Arizona, under date of November 9, 1928, the
State Senate of the Eighth Legislature convened in the Senate Cham.-­ber
at 10 o'clQck, .a. m., this day.
The President, Mulford Winsor, of Yuma county, called the,
Senate to orde;r.
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators answered to
their names:
Akers Hill Lyons Wylie
Bettwy Jones Nelson The President
Colter Joyner Sutter
Donnelly Kimball Thornburg
Favour Kinney Wills
PROCLAMATION OF GOVERNOR
The proclamation of the Governor of Arizona, under date of No-.
vember 9, 1928, calling the Eighth Legislature in special session, was
read, as follows:
]>JXECU'l'IYE OFI<'ICE
PHOJDNIX, Al{IZONA
PROCLAMATION
CALLING THE E!GH'l'H LEGISLATURE 01<' ARIZONA INTO SPECIAI.
SESSION
\VHF.RI<JAR, The Legislatlv,, Code Committee of the Eighth Legislatute ]u,:,<
reported to me that the Code Commissioner has completed hi~ wor,, nnd that ltc
ha~ been done with the greatest care and expedience un,l ,1 high degree <,,l<
legal exc<lllenc,i: and
WHEREAS, 'l'he Legislative Code Coinmittee reports tb:1t rhe wurk "'f,
th.e Code Commission,er preseI\tS no changes· in the law of substance; tnat ill!
contents are ideμtical in .. an respects with existing statute law turned ,,,·er- ·m
him for codlficatlon ;: that ·while he has reduced the volume from 7000 pa!,'tl,\'!'
to' about 850 pages, the only changes in the body of the law are those c,1' form.
made nee<>..ssary by contradictory statutes, duplication, amendm•mt and , ope.al-;;
and ·
WHFJREAS, '.fhe Code Comn;iissioner and the ·LegiRlative Code. c·o;,,mitJ'l.'i,·
have reported to me that the pr111ting of the work has h ~en completPil an,f
eorrected ,uHI proof-read, and tha.t it is now ready for legislativ,i acthm; lltd
WBEB.EAS, The Leglslstlv!J Code Committee directs my attention lo :U,.,;,.
JOURNAL OF THE SENATE
I ,
ract that the members of the House of Representatives who served on the Com­mittee
will not be members of the Ninth Legislature, and that ! herefare no
members of the House of ':Represent,atives in the Nilllth 1 :r,gislature will be
familiar with the work which has be;,n accomplished; and the committee has
recommended to me that a special session of the Eighth , Ltjgislature be convened
to enact the revised code; and ' ' '
WHEREAS, The Madcopa County Bar. Association has adopted a resolu­
·tion setting forth the advisability of the vuork of revising the code !wing com­pleted
by the Eighth Legislature; and
WHEREAS,, The Pima County 'Bar Association ·;h~J pe~itioned th~ (;cv­.
ernor "that this association respectfully requests the Governor of the :-ltate of
Arizona· ,to call the 'present Legislature into special ~<;ssipn,. immedht,,ly fo.r
the pm'pose of considering and acting on the revision of,, the 1913 Code;" and
WHEREAS, The Governor of the State of Arizona coli.curs in t:1e c,p;nion
· of the Legislative Code Committee and the Bar Associatiorrs of Maricopa and
Pima counties, and of numerous attorneys, that the w;ork ,of compl•,Ung the
revision of the code can be 9c~omplished more economically · and effici,,ntly Ly
the Eigllth Lf'gislature-,. whofie 111en1bers are fa1ni.liar with the work pprforn1ed
to date, than by the new Legisiature which has not given the math,r its at­tention;
and
'\VHEREAS, The salaries of the Governor and of the justices of the Su­preme
Court have b~en increased by legislative enactn1enf since- statehood; and
,,rHF.RJ<JAR, The- P:alari.0s of othPr StatP officials haVe not been increased
in spite of added responsihilities, greater labors and higher cost of living; and
\VHEREAS, Extra Pxpenses which a special session will entail upon tho
·office of ,,the Governor will require an appropriation to defray them; and
1VI-IIGREAR. ThP eriRiR "\Vhfrh ('onfronts .Arizona 9n the question of th~
·development of the Colorado River is acute and requires· 1,egislative action; and
' I \VI-IFJHEAS, r_rhp very nature of the purpose of thi~ call-to revise th~
·code-makes it essential that no limitations of any kind' 'Or character shall
be placed upon the Legislature in the matter of enacting legislation; the spirit
.. and intent of the call, however, is to limit legislation, t\li.C1>.de revision, the re.
vision of the salaries of State officers and a small appropriation to defray afldi ..
tional e,<:penses of the Governor's office;
NOW, rrIIEREJf,ORE, r. George w.· P. Hunt, Govet'nhr .of Arizona, iu l'Oll­si<
leration of these premises and by virtue of the authority vested in me by
the Constitution, do hereby convene the FJighth Legislatnre of the State of
.Arizona in ~JH~<·ial 8eH~io11 in Phot>nix, thP C1:ipitol of, Arizona, at tr-n o'clock
on the n1orning of l\fotiday, Nove1nher 19th, 1928, for the purpose of:
A. 'l~o
Arizona;
enact legislation to reYise the ci"V"il and ,)ei.~al .codes·-the Ja,vs of
B. To revise the salaries of the Secretary of State,' :the' State Treasurer,
the State Auditor, the Attorney General, the Superintenclent of Public Inst ruc­tion,
Nie· Corpora_tiou Co1.nrni8sion the l\fine Inspector:, ,.tp.~ State Tax .Corr1-
--1nissio:ri,· and the, judges of the Superior .. Courts; 1 • ~; r,I, , :
C. An appro1iriation for the Governor's continge'nf · f'u~ll;
DI<· li1nact appropriate legislation to ~onserve th~ .. 1r..~f~.,t.~. ,of Arizona ip. the
Colora(I</, Riyer; ' ·
::<l.c
,:,:,\:
..A'1''1'ES'l':
James H. Kerby,
Secretary of State.
' ' ; . ' .
,: IN WI'l.'NESS WHfuRl'!JO,F !, :ha\•e hereunto
set· my hand and eaused1 •the , Great Seal of t t,e
Stat-, of Arizona to be affixed.
": Do11ie at ,P\10.eni;<:,, ,tp~.,. t;:api~o~, 1,,\1~ r.!r,t.b
day, ,.of, No'(em~er\. A,:' 1:):,'. 119~;;:
J.:.1:Gleocge ,W:, :l?. ,·~ccin,t, ,.::
;,,il,.!1·: :(f,OYBJiJil~)~:.
"· JOlJRNAL OF THE SENA'l'E 9
APPOINTMENT OF E. R. BYERS TO SUCCEED WALTER RUNKE
,,1(! • 1/ i. : ..... , '.'·_ 1 ' : ·1:· .·, ; '
M;r., .Fav.our laid before the Senate a certified copy of the min­utes
of th~ ·Board of Supervisors of Coconino county of date Novem­ber
17,i 19;18,, establishing the fact of the resignation ,of Walter Runke,
the Senator from said county, and the election by said B1>ard of E.
R. Byers of Williams, to fill the unexpired term, said certified copy
being as follows:
OF .B'ICIAL i.\UXUTES
•)ffit','"' 6f· :the Board of Supervisors, Coconino County, November n, rn2s.
Motion by Waldhaus, seconded by Taylor that the recom­mendation
of the Republican Countr Committee to nominate E. R.
Uyers of 1Villiams as State Sena.to'<· to fill out the unexpired term
of Senator Walter Runke, resigned, be accepted.
, : i In fl'llgFe being no fur:t,her. _ bus-iness . to ' come before : the Board
the, .meeting was adjourned until the next 'regular 1'neeting, rfe~eu1-
Jx,i' · ':( 1028. · · ·
/i.. t:teKt · Approved:
LuoUe y; :_,_Nolan,
Clprk Hoard of Supervisors.
R. E .. Taylor,
Chairman Board of S~pervisorn.
S1'A'rE OF' ARIZONA, COUNTY OF COCONINO-ss:
r. r neile V. No1an. Clerk of tho Board of SuperviAorR of Coco­JJino
County, State of Arizona, do hereby certify that the within anti
foreg·oing is a full, true and correct copy of the minutes of a :-ipe­(•
ial nH~eting of the Iloard of Supervisors of Coconino C,0unty, State
,tf .'\(·I~'.ma,. hel<l on Nowmber 17, 1928, and of the whole thereof:
IN WITNESS WHEREOF, I have hereunto set my hand and
"fti,e,ia,J,,,.,!'al this 17th day, of November, 1!)28., at Flagstaff, Coconino
c?Itntx, :~,\.rizona.
(Signed) Lucile V. Nolan,
Clerk of. the Board of Super­visors,
Coconino County, State
of Arizona.
The certificate of election of, Mr. Byers wa,s referred to the .
Committee on Judiciary.
COMMITTEE FR01VI THE HOUSE
A coiWm1ttee from the House 'of Representatives consisting of
Representatives Ivy, Bush and Walker, notified the Senate that the
House was organized and ready to: transact business, and that it would
be glad to joiti a like committee from the Senate to notify the Gov0
emor that thitt.egisiature is orga:nized and ready to :receive any mes~ '
sage he n'iiltht>have to deliver.· i·:;, : .: ..
, ),,: i I::,~ , :, :. ; ' , ; I \
Mr. Colter moved that the President appoint a committee to
notify the House that, the Senate ifi,Jit\>.$~ssion, and;, tpgiethe11 with the
House committee, to wait upon the Governor. 'l'he motion was agreed
to. THe' P\-esident ''appointed 'Mt. Gcilter ':ihd l Mr,, J ciyner . a's'' such com-mittee."
:.;1 ::.•, ·,: \: ,,,,,.,;, ::
•;,d:,
'By unanimous consent (at 10 o'clock and forty-five minutes,
.a. m.}, the Senate stood at recess, subject to the call of the gavel.
· .. 10 JOURNAL OF THE SENATE
The Pr~sident called the Senate to order at 10:59 o'clock, a. m.
The cQmmittee appointed to meet with the committee frC)m the
House of Representatives reported that the Governor would deliv.er his
message to the Senate and the House, in joint session; at 2 o'clock;. p. m.
By unanimous consent (at 11 o'clock, a. m.), the Senate stood at
recess until 2 o'clock, p. m.
AFTERNOON SESSION
The President called the Senate to order at 2 o'clock, p. in., and
announced that the Senate would meet with the House of Representa­tives,
in joint session.
At_ 2 o'clock and four minutes, p. m., the Senate stood at reeess,
and the members proceeded to the House Chamber.
JOINT SESSION
The Senate and House of Representatives assembled in joint
session at 2 o'clock and fifteen minutes, p. m., in the House of Rep­resentatives
Chamber, the President of the Senate in the chair.
The Secretary of the Senate called the roll of the Senate and
the following Senators answered to their names:
Akers Favour Kimball Sutter
Bettwy Hill Kinney Thornqurg
Colter Jones Lyons Wills
Donnelly Joyner Nelson Wylie
The President
The Chief Clerk of the House of Representatives called the rolJ
of the House, and the following Representatives answered to their
names:
Abell Hamblin Morgan Peters
Allen Hannon (Pima) Pickett
Brooke Holub Murphy Rhodes
Bush Ivy McCormick Richards
Carr Jones McQuillan Rogers.
Cowperthwaite (Maricopa) Nelson Rosenb.aun'l. .
Coxon Kennedy Newton Slipher
Decker Kimball Norton Walker
Finch Ludden Norviel Wisener
Francis Mahon Orme Williams .
/Gibbs Morgan Oxsheer The S~eii:k;,;.; .. ·
Griffin (Cochise) Patton
COMMITTE;E TO NQTIFY GffV:EJt;NOR
Tlie President designated Mrs. Ivy, Repteseiifative 11-onl"WliWi­copa
county, Mr. Gibbs, Representative from MaricoJ)a county, and. Mr.
Jones, Senator from Maricopa county, as a committee to notifw tb-e
JOURNAL OF THE SENATE 11
Governor that the Legislature was convened in joint session, and to
i;iscott the Governor to the House Chamber.
THE GOVERNOR'S MESSAGE
The Sergeant-at-Arms (at 2 o'clock and twenty-five minutes,
p. m.) announced His Excellency, the Governor .of Arizona, George W.
P. Hunt, who delivered the following message:
Mr. President, Mr. Speaker, Members of the Senate and House of Repre'eiell-
1 atives:
The revision of the Code is a. monumental undertaking and respon::dh;_IH.r.
The utmost .care should be given to its consideration.
I believe that the Code Con1missioner, and the Legislative Co111111itt(\e ·l/hit-h
has checked his work, have conscientiously performed their labors, l,ut lhn
possibility and .p~o_bability of error ne-cessarily exists, and the duty dt.•Yoi n!.s
upon tbe Legislature to examine carefully and scrntintze every .::-lL·etiou a~
revised.
I urge the greatest caution on the part of the Legislature ~n din< :~m­portant
work, anct that the Con1111ittee and Legislature aH a whohJ, ,vork tiK­J){,
ditiously and cautiously so that the work may be finished within llte Unw
limit,
In · revising the Code, it is not the intent to change legi8lution. .I an:1
therefore under the impression that the provision contained in the Revis,HI.. (;Hie
of Laws of the United States, is an excellent idea and should be ,ulapr,,<J ti,
the work under consideration. ~~he provision it:i: as follows:
Hrrhe matter set forth in the Code, evidenced· as 1{erein:iff(fr b1 · t.h-i~ :-lci·­tion
provided, shall establish prima facie the ·raws of the United 8tatt,s, ~,·n­eral
and permanent in their nature, in force on the 7th -day .of Dectimber, _ 1n2.:;;
but nOthing in this Act shall be construed as repealing or a1nending :".ny_ · ~tu·h
law, or as enacting as new law any matter containe(l in tho Coc1e. In: r·.iiBt~ -o.f
a·ny inconsistency arising through omission or otherwise between thP pro\.. . i-­si9ns_
of any section of this Code and the corresponding portiot1 of U.~g-iSl(tticm
herPtofore enacte<1 efft."<~t shal' lie given for nll pnrtH)Hti:-:- ·what:--op,·{~1· ·.t:o '·'::;::_tHt~~
enactment.'' · ·
'l'his provision, if adopted, could remain in effe~t until the adjoui'im1,,at
~f the rcgula.r 8ession of the Nintl. Leg\slatur,~ HO that any errorH, if dh-1(·ov~H·rnl,
. might be corrected.
REVISION OF SALARIES
In my message to the regular session of the Eighth Leglslature, l ,H1•;,cU,,I
attention to the need for revision of salaries of state officials. They lnive"·rl!>l
been revised since statehood. All other salaries have gone Up, both in 1n1bHc
.and private life.
The legislative situation which makes men ineligihle for puhlic offit,,,,
the emoluments of which have been increased ns the .result of. their ."o.tn a11!1
activity, has militated against remedying this situation. I believe thi,;'''s1,,,­cial
session is an ideal time to correct the condition. I, therefore, 'urg<'" tlu1i
the le;.islature take care of this matter during. the present special se,~finu.
APPROPRIATION FOR GOVERNOR'S OFFICE
J have repeatedly directed attention to the fn~t that the app.topriat\o,rt
m.ad(' in the general appropriation bin for the Governor's offke was lnll!le11unt!-',
'I'he previous several special sessions .have .tended to increase th,; bi1rd<>11 '.ln.)M«
office. The present speeial session will entail additional e,cpens<\ "n mf.'.ottitl'.
Some of the members of my regular force will be e:>'.tremely b11sy ptiUl'rig tlw
tec.ords of the. office in shape to turn over to my successor. ·
' . As I base ;rniiited out, the re,•ision of the Code places a irei!.t w;pJn~,(1Ht­ity
upon the legislature. I feel an equally heavy responsibility is lllaced 1ipo«
the_ exe.cutlve department. The duty h,cumbent. upon the Governor to chec.,
'!)ach act passed ,bY the legislature, makes his responsibility equal to that of ~h;,
iegislatare. l must have some expert legal assistance to do this h~.a1t.'!t> 'th1>
12 JOURNAL OF THE SENATE
task is too great to be undertaken by me alone. I would not feel warranted
in signing measures of such great importance unless they had been J,roperly
gone over and carefully checked.
'l'li~,,~: 'ii.I'e bills that must be met, for which l cannot draw upon·: the next
{tuarte1\ '·:'as I' w.oliid tlo were I to- continue in .office. 'rhe-refore, I req:1cst . hn­mediate
consideration of a bill to make an appropriation available for the Gov­t:
n·nor'H offke, :-;u that Wf' may properly perforn1 the additiollal du.ties which
this spef:ia.l ,session will rμake incumbent upon. ~s.
COLORADO RIVER
'.l"he c·o1ulition which confronts the State eonce~ning the development of:·
the Colorado River is criticaL I urge the legislature to adopt another memorial
to Cong'rrniH, :-:;ett1ug· forth the ,riew::; of the li.~gislat.urf~ on this very itnportan~
question.,,
rrl~~i .. Cvlora,do River Conunission has had ·a 1neeting at which .Judge
Phillips, l\Ir. Gust and Senator Hayden were present. r.rhere we:re no {·hanges
suggested regarding the policy which the ~\rizona Colorado River Commi.ision
auopti:1h:Witl• .. reference t:o_ the contention_s of our State.
~'lif·,_C:hlllinisSi~Ji .. -is_ ·go~ng to carry on1 . and do, every~hi13:g in· its power to
conserve the interests of .Arizona. The legislature should encourage and support
in every way possible our Senators and Congressmen, and the .Arizona Colo­rado
R,\ver Commission, upon whom devolves the duty of opposing the unfair
Jegislatic,,,I\ n\>W pending in the United States Senate.
CODE REVISION
E~:rn'e.sentative Gibbs of Maricopa county introduced th~ follow­ing
re~8lution:
\V;If:1<1IPDAS, the revrn1on of the Arizona Code was authorized by Chapter
B5, Sel:l$~PA ,-l.41.ws of 1H25,; au(l
,,r1iritnEAs, said re\riSio·n h~as been completed and a report thereof sub­n1itted
by the Colle- Com1nission appointed under and by the authority of said
Act; ao;,i ,,.
,,\IE'i:tii(~{s, under \11e terrns of Chapter 31, Session Laws of the -1.th ~P.e­('
ia.1 SPs~io11. J,Jip;hth Leg-islntnre. the :-mid report has heen ~crutinized by a
Legislativ<~ Code Committee consisting of three men1bers of the Senate aud threH
me1nbe1'8 of the I--IonHe. and :-;aid Comrnittee- is ready to report the result o-f its
Jahors :1;;a:n,1: 1
;r.)11
,vJJI.lTI1HEAS. said .repo.1·t. of thr Cq9e .Coi;t1:n1i.ssio~er has been pri_ntt~ll ai,1~
placed in form suitable for the consideration of the members of the Legislat,11re;
and
,,-~·lliEii-upAS,, :-t.h_e: ........ f,e,:_}_~-{f~ri_, a,Ild c_f)difi_Cati'~n ~t the A~lz'ona 8t:.1.tuies. is al
}taralllOll,flt: 3JJfl. t~Ill-e:Jjg'.f;:μt '/llt~e_cl·; 8.nd
iii-iid-iiTIA.f,, tl\e'dhAfo~.J;Ql' has called the . :Leg~*tnre (~ sp~cial sessi?h. fol­the
primary ''i:ni"rJ)ose·' Of ,c·o1Up1eting stieh revision. bf legislative -·ena:itmi~n·t;, -ar.id
w1rn1mAs. it w;al1~6f th~ inte'nt ari;l purp;\sl •, of tl:id Leg(~latu'te, in au­thorizi,;
i,ljl; ,,;s;μ,,IJ-, F<f.\'.i~i9}1;·; tq r.:f\ter,. ,or 11,1vend Urn: exi.spng,..J:;~1. bμt ,merie\Y ~9 re-
"iRe, <:JM1;~-lfl):~t~·:··r:$5r:~t~μ1a.ti1~-,: ~rift.::C\H~rg~t,., .pie_ f13.:ll}~; an~. ..' · .,:1 ii·,-.,,,
~~\1~r~Jis/\W'W' .f¥iniWtiW'.),t?iit tn ak~ exe11( ti,e, )imi,fo }tf. . \in\~.:_.b\po~iil '
upon t ..M ~ \\\'.?;¥; •.. 11,re ,~U.~h fh.~t .,it ,::VRl/ld .1 1.,; · }ll)P?ss1ble ,to c(!ns,?~r )l\i>' .1n11}:/1,u,r;
llhle changes m fhe law WlE('~l.,flI~gl\l: ,be .• sul\"gesteq.~ · !:!ow,, tp..h~~or,t, .. ,,.i 1 ',',..
BllJ .I'l' RESOLVED, That it is the sense of the Senate and Honl'c of
Represeiif'~'ii\r;~ 'of t11e'·Eightl1 Legislature, in Joint' Session 'b'.s'sembled, tinil.t coct·e·
revisio:i": ~Y' tlii' first 'ai:1d most important ,duty of tb'.is sPecial session; 1t111l be 1.·:
it furtf) ii! '?,f / ' ' i ' 1 ~ ' 1 •' , 1 '- : 1 d :
,•1ft, ,: ' .l l , , .',.~ ,) ~.:"I ~'.1, 1,HL·.::, .'
R1nS01'i\rl<ji); li,ili'at Jonsideration· ,,f the· report of. the Coile Commlssio'ner'''
S!ha}I at all thne's' ·be the first order' of business, . and . shall be displaced only
liy a two-thirds vote of the members of either House; and be it further
,JOURNAL OF THE SENhTE 13
HESOLVED, That no an1en<l1nents to the ·said n•port of the Cdde Com­missioner
which would alteT or change the pnrpos(' and intent of existing law
shall be deemed to be· in order, but onlv such amendments shal~ be considered
3.s shall he desiglled td more eifectively ~ arid efficiently' ,carry Ollf saiU tude re­vision,
as provided for by said Chapt(=)r :3G, Ses.sion Laws of. 1925., creating the
office of Code Commissioner and defining his powers · and dufie's; ·a:rnl be it
further
RESOLVED, 'l'hat the Committee on Rules of t.he Senate all(,! Honse be
and they are hereby directed to report to their respective Houses spec'ial rnles
tl(-"signed to carry into effect the tern1s of the resolution.
Representative Walker moved that the Resolution be amended
by striking the words "two,-thirds" and inserting in lieu ther~of the
word "majority." The motion was lost.
The Resolution was passed on roll call, which resulted: Senate:
Ayes 12, noes 2, not voting 5; House of Representatives: Ayes 32,
noes 12, absent 4, excused 4, as follows:
Akers
Donnelly
Favour
Hill
SENATE ROLL CALL
AYES
Kinney
Lyons
Nelson
Sutter
NOES
Thornburg
Wills
Wylie
The President
Bettwy Colter
Jones Joyner
NOT VOTING
Kimball Runke Waters
HOUSE ROLL CALL
AYES
Allen Hannon McQuillan Peters
Brooke Holub Nelson Pickett
Bush Kimball Newton Rhodes
Carr Morgan Norton Richards
Cowperthwaite (Pima) Norviel Rogers
Finch Murphy Orme Rosenbaum
Gibbs McCormick Oxsheer Slipher
Hamblin McKee Patton Wisener
The Speaker
NOES
Abell Ivy Mahon
Coxon Jones (Maricopa) Morgan (Cochise)
Decker Kennedy Walker
Francis Ludden Williams
ABSENT
Boville Griffin Lynch Old
EXCUSED
Jones Kent McBrayer Perkins
(Cochise)
14 JOURNAL OF THE SENATE
Mr. Favour moved that the Joint Session be dissolved. The mo­tion
't'as agreed to, and (at 4 o'clock and twenty-five minutes, p. m.)
the. Joint Session was dissolved.
A. M. CRAWFORD,
Speaker of the House.
F. R. DUFFY,
Chief Clerk of the House.
MULFORD WINSOR,
President of the Senate.
DOROTHY COLTER,
Secretary of the Senate.
The President called the Senate to order at 4:29 o'clock, p. m.
APPOINTMENT OF E. R. BYERS TO SUCCEED WALTER RUNKE
Mr. Favour, for the Committee on Judiciary, submitted the fol­lowing
report:
November 19, 1928.
J\1r. President:
The Judiciary Committee having considered the question of the vacancy
of th<" ~euator from Coconino County, the Honorable Walter Runke, we beg
to report chapter 36, LawR of 1921, provides for the filling of a vacancy oc­curring
"in either house of the legislature prior to, during, and subsequent to
the re,;ular sc•ssion thereof," by the Board of Supervisors of the county where­in
such vacancy occurs. Under this law the Board of Supervisors is empow­ered
to forthwith appoint some qualified elector "of the same political faith
and belonging to the same political party" as his immediate predecessor to
fill the vacancy.
Chavter :,7, Laws of 1!l23, provides for a special election to be called by
the Governor to fill a legislative vacancy. rl,hiR chapter ;:n repeals nll lawR 1n
confliet with chapter 37, but does not repeal chapter 36, Laws of 1921. Unless,
thcr<'fore, ehavtN :J6, Laws of 1921, is in conflict with the latter chapter 37,
Laws of 1!)'!:l. cliapter 3(i, is still the law of the State. We are of the opinion
that no conflict is presented. If the Governor does not call a special election to
fill the vacancy under chapter 37, Laws of 1923, the power to fill the, vacancy
necessaril)• must he reposed elsewhere. The law abhors a vacuum. This is
particularly true of representation in the legislative hody of the State.
We therefore conclude that a vacancy having occurred in the office of
Senatnr from Co(_'onino county "subsequent to the regular session" of the
rnighth Legislature, and the Governor having failed to call a special election
within Coconino county to fill such vRcanf'y 1 the Board of Supervisors of the
County of Coconino possessed the authority under chapter 36, Laws of 1021,
to fill such vacancy for the unexpired term of the Senator electeil.
We further conclude that since the appointee of such Board of Supervi­sors
is of "the same political faith and belongs to the same political party"
and is a resident and qualified elector of Coconino county, his appointment is
valid and he shoul(l be seated.
The Senate is the sole judge of the qualifications of its members, and is
entitled as of right to construe the laws above cited and carry out the true
of the lavys, and it is our opinion that the laws Rhou.ld be construed
so the proper construction given to these laws is that a vacancy has
Gccrnrred in the office of State Senator in the County of Coconino, and the
of of that county hacl the authority and did regularly appoint
R. Byers and that his certificate is in order and that
he be seated as a Eighth LegisJatnr~ f1'oro that county·,
(Sl;;;ne 11) A. H. FaYOlll:C'j
C!L1.° of Jud.icJru~y C0n1n1itt?i:'..
co.H, which i\.yes :_,s,
Akers
Bettwy
Colter
Donnelly
Runke
JOURNAL OF THE SENATE
Favour
Hill
Jones
Joyner
AYES
Kimball
Kinney
Lyons
Nelson
NOT VOTING
Waters Wills
Sutter
Thornburg
Wylie
The President
15
Mr. Thornburg was appointed to escort Mr. Byers to· the bar of
the .Senate. The President administered the oath of office, and Mr. E.
R Byers was declared a duly qualified member of the Senate.
EMPLOYEES APPOINTED AND SALARIES FIXED
Mr. Jones, for the Committee on Employees and Supplies, sub­mitted
the following report:
November 19, 1928.
Your committPe on Employees and Supplies begs to submit the follow­iug
report for the emvloyees of the Fifth Special Session of the Eighth Legis­lature:
Hecretary :
Asst. Secy:
Second Asst. Secy :
Page:
Page:
Chaplain:
Scrgeant-at-A:rrris:
Dooiekeepe.b'S:
Janitor:
Clerks:
Stenographers
\Natchr.na:u:
Readees;
Stenographer in
Dorothy Colter ................................... $8.00 per day
W. J. Graham ····- ·············-·················· 8.00 " "
Marjorie Donnelly ··············-·············· 7.00
Ione Jones ---------------------------- 5.00
Jack Murphy ······-······················ 5.00
Rev. E. lll. Williams ····-··················- 5.00
Ben Bennott ··················- ..... G.00
William Gadd ·
Joe Wllite l ........................... _ 5.00
P. H. McCullough (
W. A. 'l'hompson 1
Blias Williams .. : ................................... 5.00
Jean Nelson }
Frances Kim hall ............................. 5.00
lliary Bettwy
Lida A. Joyner
Chief Stenographel' Alice Brown .. 7.00
Anne Drake ~
Mae Pellersen
Agues l\l.ansfielU
Mary Soans
May Clark
Louise E. Ge.are
Bridigie Porter
Helen Harris
Blanene Callaghan
l-Dlizabr-th l\ionaghan
Anna Lou Davie
Frank B:rown ----··
Timberlake
B. Carr
....................... 6.00
····-······-······· ········· 5.00
{ ················· 6.00
............. G.00
3.00
G.00
DAN P, J"ONIBlS,
16 JOURNAL OF THE SENATE
Mr. Jones moved the adoption of the report. The motion was
agreed to, and the report was adopted.
Mr. Favour moved that the Senate adjourn until tomorrow morn­ing
at HJ o'clock, a. m. The motion was agreed to, and (at 4 o'clock
and forty minutes, p. m.) the Senate adjourned until tomorrow morn­ing,
Tuesday, November 20, 1928, at 10 o'clock, a. m.
MULFORD WINSOR,
President.
DOROTHY BURTON COLTER,
Secretary.
TUESDAY, NOVEMBER T,VENTY
The Senate met at 11:30 o'clock, a. m.
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators answered to their
names:
Akers
Bettwy
Donnelly
Favour
Hill
Jones
Joyner
Kimball
Kinney
Lyons
Nelson
Byers
Sutter
Thornburg
Wills
THE JOURNAL
Wylie
The President
By unanimous consent, the reading of the Journal of November
19 was dispensed with, and the Journal was approved.
EXPENSES OF LEGISLATURE
A message from the House of Representatives, by F. R. Duffy,
its chief clerk, announced that the House had passed House Bill No,. 1,
entitled, "An Act making an appropriation for the current and con­tingent
expense of carrying on, conducting and defraying the expenses
of the Eighth Legislature, Fifth Special Session, of the State of Ari­zona,
and declaring an emergency."
COMMITTEE ON RULES
The President, for the Committee on Rules, presented the fol­lowing
report:
1'11r. President:
"Your Committee on Rules recommends that the standing rules of the·
Senate be amended by adding thereto a new rule, to be known as Rule 5a, as
follows:
"Rule 5a. The regular order to be taken by the Civil and Penal Codes,
when the same are undergoing re-vision, shall be as follows:
"(a) When the matter contained in the report of the Code Commissioner­embracing
the several chapters of the proposed Civil and Penal Codes, is pre-
JOURNAL OF THE SENATE 17
~c11 ,, t 1<1 11H' R<·11:1t<'. Ille Pn':-.:id1•11t ~ha11 rvfr'l' tl:e :;.;auH~. Chaptvr lly Cha1lter,
a1111 'NitholH rpa(liW.,!:. to tlw nppropl'inf-e Nta1H1inμ: c·m11n1ittet'~ for ('OllRi(leration.
" ( h) rrlle- (•on1rnHtPe to ·which a d1aptt'r has he(--'11 n•:frrrud shall exa1u­:
i:n0 the same and re11ort it to the Se11ate, wHll tlw <·01nn1ittt:P·:-:: re(~o1n111encla­tions,
wHhin ten days, inelusiYP of tIH-' d:iy of refLTPnee. ~.\.11 an1endnwnt:,..;
Jirovose<-l by the eomn1itte-P t:-ha11 bP elear.iy :-,pt out 1n tlw (·om1nittee'r::i report
1:•y sp(;-{:ific reference to Pach SPction or item to be arnP1Hh-'t1. togPther v.:rith th('
vv1ird~ propo:--:pd to Ile• :-;tri<'kt.'11 out. in:-:ertP<l 01· ~Ul):-;titntPd, nnd ~n('h re11ort
slrn.Jl be ace01npanied by a copy of the::.: HPPtio11~ or it,::,111:-< 1n·<.Jr10:-;e(l to lJP anw1ul­Pd
as it or they ·yvould rPad if a1n0n<1c<1 n:-; rc.:i<.·ornrne11(1Pd.
"(<') rrhe C'baph~.T s.hn.ll the1: be placed upon the 8enate calendar in the
Hr<.h.•r in whieh rrpnrtPd, whtch order it shall re-tain un the eak•nclar until fi.11-
all:\,1 disposed Of. It 1nay be amended at auy ti1ne, hcnvPYPl', prior to final
adoption as a portion of the proprn:,e<.1 HeYif-ed Code, withont losing its yiosi­tion
on the calendar PXC'e·vt in the ease of rc-(·01nn1itn1(.:i.nt to a ~tanding- or Nt'le<:t
(·mnrniti.P(-', in ·whi('h l'YPnt, if any amc1u(1!1H-'nt lJe rPJ)Ol'te<1, the chapter :.:::hall
he again ~ubjc•<·t to the p_roeednre pres<Tilll-'d 1'or cha11ters originally co111mitted.
No an1enclm0nt v\rhieh attem11b;; to 1nakP any changes in exifiting };_1ws ::;hull he
Jin order, but such a1nend1nents shal'l be designed 1nerely to hnnnonize existing"
]aw, reduce or clarify the language thereof, or to ren1oye 1nronsistencies where
the same are found to exist.
1 '(cl) l_"TntJcr the lu... . ad of OrUe1'8 of the Day aJJ cha.ptt>r:-: on thP Senato
f'Rlr~11,1:n :-;hRU l)p :1ctecl 11110n in tlu• or<1C'r in whieh thl'y ilPPE'ar thereou. 1'he
report of the c01nn1ittee shall fil'st be Tead, and in the ah~enee of ohjectio11s,
ma,• he adopte>d ~s a whole. If there l>e objeetion, the ehapter shall he read
se-ction hy section, unless the Senate Hhall t1Peide to dh;pense with the- re.a.din.:~;
0f any portion. Upon tl1e <'.Ornpletion of sneh con:-;idcrat-ion, thP quf•stion shall
lw. ·~Iia.11 tlH-· ehaptC'r ht~ pngToNsed '?' If <1eddt1d in tlw affi:nnatiYe OH~ ehapter
Rha11 be referred to the Co1nmittC'e 011 Rnl'o11ing a1H1 rnngrosRiug, by wllfrh
ron1n1ittee it shall be rPporte<l ,vithont delay.
"(e) "Cpon l'P]_)ort fru111 the Com1niUee on Bnro1ling arH1 :EngToR:•dng th(-'
eha11ter ~hall be IJlaPed on final adoption, and if so adopted shall b(~ <l<-~P111t'd
to be a portion of the proposed RPviHed Coae, to be enacted h1to law as hen~­innfter
provided. \Yhen :-;o r..dopted, an(1 aftc-r it has pasiwd out of thP eon­trol
of the SPnatc, it ~ha]l not again lie sul)jeet to a1nc1H1n1cnt 1 but sn<.'h changes
or amendments as 111ay be provose<l by the House nf RPprcF-('ntatiYes may J)O
alloptecl or rc;iecte<l.
"(f) \Yh011 all of the chapter:.::: of the propos<•d Code liil.ve heen so adoptrd
by hoth I-Iouses. thP en.:.troR~P<1 eopiP-s thereof shall be boun(l together in per­nunwnt
fonn, anll the ePrtifieatei-: nf the presiding- officer~ of the SPnate aufl
:House :-;hall lie affixe:1 thereto. nnd it Rha11 he i.1epn1cd to be the R..c~Yi~ed Co<lP
to v.rhkh rei'erc•11('n shall he 1nacle jn the Bill of Enat'tn1ent.
"Hp:-;ppctfnl!~, snh1nit-te{l,
"l\Iulford ',Yjirnor, Chairman."
J'iifr. Sutter moved the adoption of the report. The motion was
agreec' to and the report was adopted.
STANDING COMMITTEES
The President announced that in the matter of standing com­mittees,
there would be no changes except in the following instances:
All places on committees which were previously held by the
Senator from Coconino county, Walter Remke, will be held by the
present Senator from Coconino county, E. R. Byers, except in the case
of the Committee on EnroHing and Engrossing, of which Senator
Runke was chairman. Senator Donnelly, who is now a member of that
committee, will be considered as chairman, and Mr. Byers will be a
member thereof.
18 JOURNAL OF THE SENATE
EXPENSES OF LEGISLATURE
House Bill No. 1, entitled "An Act making an appropriation for
the current and contingent expense of carrying on, conducting and de­fraying
the expenses of the Eighth Legislature, Fifth Special Session,
of the State of Arizona, and declaring an emergency," was read the
first time by number and. title.
Mr. Favour moved that the rules be suspended and the Bill
placed under the onler of business Second Reading of Bills. The mo­tion
was agreed to.
House Bill No. 1, providing fol' an appropriation to defray th,c;
expenses of the Fifth· Special Session, Eighth Legislature, ""'laS read th·e
second time, by number: and title.
Mr. Favour moved that the rules be further and the
Bill placed under the order of business Third Reading of Bills, for
today" The nr1otion '?¥~:ls agreed to on Toll c~ll, \Vhich resulted: )1:Lyes
J.8, not voting 1t as fo11o,vvs:
i\kers
Bettv.ry
Colter
Donnelly
Favour
IIill
Jones
Joyner
Kimball
Kinney
AYES
Lyons
Nelson
Byers
Sutter
Thornburg
NOT VOTING
Waters
Wills
Wylie
The President
Houc,c; Bill No. 1, providing for an appropriation to defray the
expenses of the F'ifth Special Session, Eighth Legislature, was read the
third time. The roll was called on final passage, and resulted: Ayes
not voting 1, as follows:
1~kers
Bettwy
Colter
Donnelly
FfaVODX
}!ill
Jones
Joyner
Kimball
Klnney
AYES
Lyons
Nelson
Byers
Sutter
Thornburg~
NOT VOTING
Waters
Wills
'Wylie
The President
So the bill was passed.
The President a1~nounced the signing in open session -'.)f House
Bill No. an appl"opriation' to defray the eJCpenses of
Fifth Eig0hth Legislature.
JOURNAL OF THE SENATE
TENURE OF OFFICE
Mr. Joyner moved that the question of the tenure of office of
the members of the Eighth Legislature be referred to the Committee
on JudiciD,ry, The motion was agreed to.
Mr. Akers moved that the Senate stand at recess until 2 o'clock
p. m. The motion was agreed to, and (at 12 o'clock and ten minutes,
p. m.) the Senate stood at recess.
AFTERNOOJ>T SESSION
The President cailed the Senate to order at 2 o'clock p. m.
BURT CLINGAN
The President laid before the Senate a message from the Gov­ernor,
which was read, as follows:
'110 }Ion. ::\Iuifrin1 "'i,-,-{h.isoi·. President
a1ul
J\lcn1bers: of the I1Jighth State Le1,d::-;latnn: 0£ Arizoua,
Gcntle1nen:
This is to a{]Yise you that UlHh'r elate of D-ece·rnber 2-t, lD.:27, I
a1Jpointed l\Ir. Burt Clingan a:s u n1ernlH•r of the Inc1nsb·ial t\Hnn1is­sion
of Arizona, for the tenn he-ginning ;ranu::n,v J~. 1928, anil eufl­ing
January 12) 1934.
~l'his appointn1ent is sulnuitted to you for yonr ap1n·oyal and
confinnntion.
Yny respectfully,
(Signed) GroJ·g;e VY. P. Jiunt,
Gove-rno:r.
The nomination was referred to the Committee on Labor and
Capital.
REFERENCE TO CO.MlVIITTEES
The President refel'red chapters of the Code to standing com­mittees
as follows;
Chapter 51, "Mines and Mining," to the Committee on l'vlines and
r.!Iining.
Chapter 52, ''M:Ol'tgages and Pledges," to the Committee on Banking
and Insurance.
Chapter 54, "Notaries Public and Commissioners of Deeds,'' to the
Committee on Judiciary.
Chapter 56, "Oil and Gas," to the Committee on Mines and Mining.
Chapter 58, "Professional and Business Pursuits," to the Committee
on Methods of Business.
Chapter 59, "Public Buildings,'' to the Committee on State Institutions.
Chapter 60, "Public Finances, to the Committee on Finance,
Chapter 61, "Public Health,'' to the Committee on Public Health.
20 JOURNAL OF THE SENATE
Chapter 62, "Public Printing and Publication of Notices," to the Com­mittee
on Methods of Business.
Chapter 63, ''Public Records," to the Committee on Methods of Busi­ness.
Chapter 65, "Salaries of Public Officers," to the Committee on State
Institutions.
Chapter 66, "Sales," to the Committee on Judiciary.
Chapter 67, ''Sales Under Conditional Contracts,'' to the Committee
on Judiciary.
Chapter 68, "State Examiner," to the Committee on Methods of Busi­ness.
Chapter 70, "State Institutions," to the Committee on State Institu­tions.
Part 3, "Courts and Civil Procedure,'' to the Committee on Judiciary.
Mr. Colter moved that a copy of the minutes of the Senate be
placed on each member's desk every morning before convening. The
motion failed for want of a second.
Mr. Akers moved that the Senate adjourn until tomorrow at 10
o'clock, a. m. The motion was agreed to, and (at 3 o'clock and twenty­one
minutes, p. m.) the Senate adjourned until tomorrow, VVednesday,
November 21, 1928, at 10 o'clock, a. m.
DOROTHY BURTON COLTER,
Secretary.
MULFORD WINSOR,
President.
VVEDNESDAY9 NOVEMBER TWENTY-ONE
The Senate met at 10:39 o'clock, a. m.
Rev. E. E. "V\Tilliams, Chaplain of the Senate, offe.red prayer.
The roll was called and the following Senators answered to
their names:
Akers Hill Lyons Wills
Bettwy Jones Nelson Wylie
Colter Joyner Byers The President
Donnelly Kimball Sutter1
Favour Kinney Thornburg
THE JOURNAL
Mr. Donnelly moved that the reading of the Journal of Tues-
JOURNAL OF THE SENATE 21
day, November 20, 1928, be dispensed with. The motion was agreed
to, and the Journal was approved.
CODE REVISION
The President laid before the Senate a communication from
the Governor, transmitting the final report of F. C. Struckmeyer,
Code Commissioner, together with copies of a letter received by him
from the Legislative Code Committee under date of August 7, 1928,
his reply thereto, and copy of letter from the Legislative Code Com­mittee
dated November 6, 1928, as follows:
To U1< 1 PrP:-:id011t of the Senate
nf tl1e Eighth Ll1 giRlatun, of ~~rh~o1ia.
Fifth SpP<'i:tl SeR~ion:
D(-'a1· Rir:
Non:1nber :31. 1!t23.
I :nn trau::irnitting- here,vith copy of ktter fro111 the Legh::latin:> Code:
('nrnrnith-•P 1!f <lah--1 Aug-n-st 7. 1D28, :ln(l a ('Ol)Y of BI)~ rev.I.,· th('1'C'to.
U1--o. l'OPY of letter of <latP Nov0111ber 6 1 1H28. report of Code Con1n1i-,:.,­~
ic1t1P1', ,..;ig·nc•d hr F. C. Btrn<.·luneyer, Code Com1nis,..;ioner.
Very truly yo11r~.
{Nigue(l) (icorg·!'· \Y. P. I-Innt,
("}(IYl'l'Jl!)l'.
Hl,POH'I' ()\;' corm ('OJL\[IS;o;]():\'Ji;lt
lJ:o.:tL G(•orr~·t· ,Y. P. Huut.
Q9_vernor. ·-
Pl1ne-nix. A ri7.01rn
Phoeuix. )trizona.
X oveniber n. l!l:!S
Tltt.> SPvcnt11 Leμ:i:,lal Ul't' (Chapter ::i;;, Law:-; 1B2J) ercated the office of
(•(;,1P Conunil-rnio111:.'r. t.lw Comn1ist-:,ionpr tu )l(' apvointed l,y you ·with tlw adYiee
o( thP ~Pn_ute. Pursuant t.o such ac:t., you ~a,v fit to appoint the u1Hh~r_Nig·m::)ti
a.0. Cod(-\ Co1111nis:-:ionp1.·, and hi~ appointment "'aH ('Onfi.rnJt·fl hy th(• B1•1n1tP.
Aftc-r (Inalifying as Cu1nn1issioner, I t:'ffll"re1l upon thP lll'rfonnarn·p of the
tlutl<..'S irnpoNed h:v that H<·t.
'J'hp a(:t <lir0etf-'<l th(,! Con1n1i8sioner to
''Heyi:_;.;(-~ and codify thi..' l:nvs of th<-' State of ~-\l'izona. stwh
revision and co<lifkatiou to ho thorough and ,:omplPte. ~C}H.' t::alfl
(\inuni:-;sioner ~hall not, howeYl'l'. 111Hlertake to n1ake any chnnge
of t>xistiug- law:-;, but shall har1nonize· where neees~ary, re<lU<.'P in
la.ug;uagp. and 1·pn10,·p ineonshitt•ucies where thL· ~ame an,' found
to exiHt: it lw.ing- the iutpntio11 of this aet that :-;ai(l C'ouuni N­:-:
loner. ::-;hall in no rnaliHL'r HHHl11llP (n PXt•rc·it-:J,_) lc·ghdntiYf' tHiw(•1·. hul
hut. :-;lialJ otl.H'l"J:viNc-1 :-it>t·k to hring· uhout a tl1orou1.!.·l1 l'PYis-i.on and
('<idit"kntiou of· 111P lavYH." ' '
On .Tanuary 1-!. 10:!7. I tr:1n~rnittPtl to you a re1iort a:-; Hll('h Coil!::• C11m­rnis~
io1wr of thP ,vork cornpl<_,{p(l to that datl', a1Hl to that rt•Jwrt 1 l.)pg- to n:­fer.
'l'lu~ Ei.g·hth J .... (-•g:h-datun~ (('lw)_)t.Pr :-n. -.Hh 81weia1 Hes:-;ion) <TPatp(l a Lf,g·­ifdati\'
e f1(1l1P Co1nn1Hh~t:~ and tlire('tl•<l tlu• eonunittt'e to vr1:.•varP. ,.dtlt the .aH­s.
ii-;tancP of thl~ Codt~· Co1nmist-do1wr. for tr:1n:-.111ission to the next g·c-•1n•ral or
:,;pedal Sl'Hsion of t:he1 Leg-islatun•, billH for thP· Pna('tHH-'nt uf tlw Codl' aN re­vhwd
and ('Otlified. Thi:- a<'t nPC'.P~f.iarily eontt•n1plat.P<l the jIIPlUHiou iu th:, .rp-..,
vision of tht:> art~ of tlH· Ki.g;hth L(-'_g-h;laturP. 'l1he a<·t. further authorizP-d the
eH,teriug· iato a eontra('.t for the printing; of tlw aclvall('P ·shet,ts of t1H' revision,
H_'JHl for tlH' final publishing of the "eo<lL· rPYi.Hion, ·when erutetecl into 1aw8.'~
Punn1an1 to t1H-'· act of the Eig·htli Lpg·b-datnrP·, th\-' un<h--r.Ni.!..'.·tH-'<l (·nm­:
nwue"d tht-' furtlier· l't'Yh::ion 01' the l:nv~. ha,~iug· part.ieularly in vit>w the hi-
22 JOURNAL OF THE SENATE
{:Ju::;ion of the :.-it.'t:-; of the Eighth Legislature. and the cu-ordinating, ·squaring
:a1l<l (_'On:-:olida.ting of the sanH.' with prh>r legiRlatio11.
The LegiBlatiYe Co(le Committee c-r,_.ate(l hy the act thercafte1· 1uet aw..l
ton1rnent·etl itR labor in aeeunlanee with tht• aet. all of which is 1nade furtht.•l·
to apvear by the report of the Legi~latiYe Code Conunitt(•e ht•retofore trnu~­:
n1ittc<1 to you by that Co111111ittee.
l~})On the (:011111leiion of the joint "\Vork of the Code Con1111ittee 'and tile
i!UH1ert-iignetl, the- Code Com1nittee, b:r a1Hl vvitl1 your a1)pr0Yal. t-nterccl into a
,eontr t< t vvith the l\Ianufactul'inp; Stationers, of Phoenix, {or the printing of the
}Hlvarn·p :-;he-et:-; and th<~ final publh;hing- of the re.vision, as will 1nOre fully
aprwar by the eontraet datel1 .July 21, lfl28, and av1n0Yetl by :rou July. 23, 1fJ2B.
Jmnu•<liah•ly aft~r the eontraet waH PntereU. into, the printing of the
;;H1Ya1H·t-~ ~ht-t1 i.s wa~. <·0111uwnC'P<l. and thP printing· wa~ c·on1ple1e(1 on Oetoher
27, 1028,, when the final chapters of tlu?. reviHion were distributed to the public.
CopiPs of ther,e ad vanee ~heeb; ha Ye lJepn transrnittPtl to your office.
The rc_•yisiou iR now t·o111ph.:.tr•. It, however, awaitR lc--'gh;lati\·e enactn1eut
{tr confirrnation to give it tlH~ fort'e of law. 'l'here appPan:; an insistent de­:
mantl for the cali of a speeial set--i-dou of thh; Legislature to g·iye the revi­t:.
ion thP requirP!l Pllaf'tn1ent. Th<' rea::,;on:-- for calling tlH~ t,;peci:11 sest:.ion of
thiR Legit:dature haYe bef-'n fully Ret forth in a H.e:,rnlution of the }tfaricopa
County Rar AsRociation. a t'opy of which wai-; tran:-;111itb?d to you. 'l'o the
reasons then-'in :-:;pt forth. I nrn:r only add that ('Onsideration of tlH--' revision
,i-annot po~:-;ibJy be a<·eorcled hy the Legislature in a regular sesRion. A special
sest:.ion will be found in1pPratiYely nt•ees:-:.ary. 'rhe a<h·antage of plac-ing the
hurdPn of work unon the present legislature iH this: The prp:.;ent legislature
is aC'quaiuted with the work of the reyif.don, sonie of the u1en1ln•rs ha \7ing de­Yote<
l consitlerahle tin1e to checking·, recheckin.t?,·, rPading· and re-reading the re­vision
for the })UI'JHlfiP of YPrifying the Ntate-n1ent <·ontaine-d in ib:i re110L·t
]1t•retofort--' trarn-auitted to you, that the reYision eorre<·tly and accurately stateH
the spirit au,l intPnt of all statutes and legislatiYe enaetment.s. 'rhese members
arc• ahlP to rt~111lP1' hl\'aluablP HPI'YiCPH to the otlH·r 111P1nhPrs of the Legislatun_• in
('XlH'ditinμ: the (-:'nart1nent of the reYisiun into Jaw.
The adYanee· slH-'PtH hPrP.toforP priuh_•d and diHtrihutetl to the pt'tblic in-
1elu<le the t•nt'irc> etHlifh·ation ancl rPvision of thP Htatute law of ...:.i.rizona. Noth­ing
]urn Leen takPn fron1 nor n<ldPd to the ho,1~~ of the law, except_ in ae­cordaHcP
with th1• a•·t <>rPating the ro1nrni:-;i;:;ion, to '·llar1nonize when neceNs:n-;v,
n~du<'e iu la11guagP arHl 1'l'JHOYe inl'.01H;h.;t(;ndes vdtPre tht> :-;u1ne art:'. i'nund
to exist.n
T'lw (·o,1ifi<-ation and reYiHion inelu(lf'R tlw follnwhig :-;tatutt' law.
p1) l!JJ:~ CiYll Code, UGH;:; sections.
(h) lHl:J Penal Code, 1J.U2 sections.
t<·) NC'i--Hiou:.; L:-nv:.; :-;inee 101:J. PX<-hrnin• of Hpt•c·ial Jpg·h;lation. 517 bills
r.or 37·rH i-;pc·tionf.:.
(d) t:il--'-:-;:-;ion Linvs of' 1H27, h;t. 2d 1 :1c1. antl -!th SesRions.
T!IP atln1n<'t"" :-;hcet:-; f'ontuininμ; tlu~ codifi<:ation and ,·eyhdou contain tinl.v
a total of fi131 HPCtions1 this rPOuction being· attained by ('onsolidation of the•
,i:,.xisting; HPttiorn-; through the elimination of statutory Uuplkatio1rn and by a
gent::ira 1 rt>LhH'tion nf Htuphu; Yerhiagt> and the hannonizati.nn of conflicting- law~.
If P·nw.:tc•d int·o lflw a1ul. vnl,>li:-:1wd as 1n·oyitled b;r the contract, the sa1ne 1nay
lw nuhlii-;hed in one yolurne totaling approxin1ately 1400 pagt.,.s, inclusive- of the
index, annotations, I1,pderal an,l Htate f'on:-;titutions. Enal)ling- Aet nncl tht:•
]1€'(.'t-•s:-:;HI':',' }larb; of thP rrreatit:-'S ,vith ~fexieo.
Tht' <·oclifi<"ation a1Hl J'(-:'\.iHio11 i:,,; eo1wludP(l. the adYance Rheet:-; thereof
]1aYing- IH--'Pll priute-11 an,1 Lli:-;trihutP<l. ThP 1wxt stev h,; k,:.dslatiYP- 1.i~1.~ytment.
-Fro1n the ht•g·inning there haR hePn a:-;F:o<·iatl'tl with l1l(-:' in ('he :work of
rC'ViHinn _Mr. ~{att ~- \Valtnn and La,vn•nep L .. Howp of the Phot•ni:X: Bar~ 'J'he
ta:.:;k of rp\'li.;i011 at. t.inws HePl11l'tl hnpo:-;i-;ihle of attainn1Put,. and to thPit'· 1abilit)',
]oya!ty anc1 ,lpyotion nnwh erp(lit iH l11w for the rP-H_ult. ·
111 n>11(·luHinn,' I also wii-;h to exJ1rcHR my appre('iation of the C'an1-
e:-:.t ,IaJwr of t1,e L0~2:il'3la.tive- Code C,0n1111ittet', ancl particularly to se·nators Fred
Sutter, A. II. l<'ayour, T. ,v. J)onnP.11Y and to Heprei--entati\'l::-':-5 llarr.r H. Pickett
a1u1 Xt'lliP T. Bush, Their work was earf!e~t. thorough ancl fair. Ahvnys, lay­h1g
a:,;hh• 1wr:-.011:1l views, they con:-:;iclered the reYision only in the light of
JOURNAL OF THE SENATE 23
wlwtlwr or not H CDl'l'P<·t.ly and aecu1·ateJ:y st:it('<l thP (-':df;ti.1lg law. I ahw \yi~lL
to exprPss 111:v al)vreciation to Senators Sutter antl Favour and to H8presc-ntati\-e
Pickett for t.he n1an:r valuubh~ :,.:;uggcstionB I rcl·PiYl•ll fnnn tIH--)Ill and which
1_n·o,y01l nf grPat help, and also for the kind wonl~- of <-'nt.ou1·agement ,vllieh I
re{'t.'iYed fro1n the111 fro111 tilne to time.
To <1lhC'-r 1ne1nbers of the l)ar an<l la~·nw11 vvith "'.,.Jwm I advised. concern­jug
certain -phases of the revision, nnd to tllose 1vl10 :rnsisted in the readinK
of tlH:.' vroofs. to t'adt aud all, I vuhlkJy extend my appreciation for thPir
Jdndne:--s. Tlwse I ~hall particularly n1t_•utio11: ~Ir .. John L. Gust of the Phoe­nix
Bar, :,rr. Clifton .:\fath0ws of the .. Axixnna Bnr, Mr. Hndo1r,h Kudill'l' and
Dr. ,.v. w·anwr \Yatkins1 the latter two for. rending galley proofs u11on the
dw})tt'r:-; of ,~,axation an<l Professional and BnHill(-:'S~ Pursuits.
l:lro11. G0nJ'g-e \V. P. l!uut
Govprnor of Arizona,
Phot·uix, ..,\ rizo11a
De,-1,r :Sir:
Respectfully sub1nitted
(~ignPd) F. C. 8trucknH\yPr.
Cocle .con1111hi::.io11(_•r.
Doug·1a;-;, .A.rizona
i'\ ugn:-;t 7, 1028.
The Ll'gi:·dati \·p Cnl1l' Co1nmj Ltl--'(! sonw tla)·R u g;o cornplPi:t--'.11 itt-l work, a.ncl
]1Pl'!'With l't'~})<:><·tl'ully sulnnits to yon it~ re}H:rt nvon the-• :-;a111P :for your (·011-
Nith-~rat.ton. Beginning in Janu:u.·:r 1 l!J28, tl1P ·Couunittee began its exa1nination
.anc1 rP.\'if,,v of tlie r-oc1,-• rPYhdon sulnnHt,-"tl by the ('otl<::• Co1nn1isi:-;i<'n1P.r, I-Ion. FrPl1
C. 8t:I'uekmt1 ~~p1•, of Pho(•nix, continuing its ,vork diligentJy until tlle present
Hnw·. wlH.--'11 it~ Pxamin.ation waR <~oneln<led so111p (layi:,; ago. It iH pleased to
statf! that the work of the Code Couunissio1wr in all 1·espeets iK PXCelknt.
The Con1mU 1-t:'l' has can·fnlly <--'XaminPf1 the entire reYision varagravh hy para­graph,
an<l ,~xvres:-:e:-: i.bwlf aN entirply approying the i,,;anH-'.
ThP fh-'l<l eoYPre<1 by tlie C<ale· Co1nmi:-::-;iones p1nbraees many thou'.-snnr1s
of pa.2,'l':' of printed wattl\r, approx.irnah--'ly 7,000 of HU-<'.h 11ag;es, tiH~ sanH~ be­i..
ng a11proxiu1ately. '.2,000 pag:ps of the Cofle, of HH:], both Civil and Penal, antl
aH of tJ11-' :--p:-::-dtin aet~ of sub:-;1'i]UPnl lcg;i:,;;;lat.nn_•:-.:, inciutlinμ; tlw IDig·hth Leg-i:-:­latlfr<-'
of 1H27, eo1nvri:-;iug :,:;01ne 4,000 additional pag·t'~ nf 1ww 111atter, rel)l:-'als
a.1Hl rlmt•1uhnPntN. ~
TIH• Cot]p Con1nll:-;sionPr haR with g;rea1 ('Hn·. f'o1lifiN1 tlii:,:; .~·1·pat n"llunw
of 0nactt•d !aw in entire ('onfonuity to tlH--' Hl't <'.rt-~atin.q,· hh~ vosition. }Ii:-;
(;01111.lletP(l work har; hePn done wHh tlu• gTf'ab~:-;t (;arP a1Hl (~xhihit:,;; a hiμ:h
degT(-:P of it--'g-al (_~xc·<'lh•n<'P. I-lb"I <~omplet.Pd work 1n·p:,.;(..1nt.:-; no diangps in tlw
law of :-;uh:-;taneP:: itH eont(_•nt i:-; itlentkal in all rPHpeet:..:; with the existing·
t--tatutl.-' 1:-fw t.lnned OYP1' to hhn for cocli.fh-ation. 'i'h<'. o.nly chauges in .the hotly
uf the law· are thmw of fonn. made HPeP:-:NH!"Y ])y ('Ontradi<-tor.v :-;tatutes, (lnvl'ka­tion,
a·men(~nwnt and T't--'Jleal. rrh<' 110w co<lifiea.tipn i:-; .now· in 1nanuscl'ipt forin
and' 11111·:•mant to thP <·mittaC't for 11uhlieatiou recently t!xe1~ut-ed, ii-; being delivered
(·haI1te1· by d1apter to the vri.~1h~r. who witl~jn thP IH-'Xt fpw dayx wil I JH ... g·iu
to di•;i-rilrnh-" t"he fir~1 printing. to t1H~ fitatP o:ffkialH :incl othPr persons. inter­{-•
t-:ted in Pxaiuining the eotlific'atiou. The entire printing- :-;l10\1ld lw eo111vleted
in a ,'pry fP\\- ,v-Pf'kK a1Hl tlH--'l'f>aftp1• hut r1:>1nai11~ thP mattt:'r of final 1n1hlica­tfon.
annotation, ind<~xing and hindiug, all of wlii<-h rnatterH art' cow'red by
!he rt--'<'P..1.~t c·nntra<.'t, ~11ul if thP. C(Hfo ean lH~ (~lHH'.tPd PXJH•di_tiously t.he nP1v pull­Heutinn
},,_lu,uld lw in thp hand:-; of t.li(• pnbllf' P:.nly in 1H~iJ. pp-1·hap~ not later
nwn tlH'. n1011tll of Fehruary.
A -YPry fayoralilp publishing eo1itract ·was p.roeured. ,vhiclt 1'.'01ne ,veeks
ago w1iR presented tu you for a11pr0Yal a.11<.1 duly. approved, ,vhieh qiutraet
in~urt--'r:O- PXet-1-llPnt eUiturial work con.:;;isting of nroof-r(~adiug-, annotatinμ; and
in<l<-'Xing· ··by vrof'e:--:Hiona.l law e<litcirH df .the t-,1;:~ff of Bai1croi't. \VltitiH>.y Con1vany
of t-;a n Fn1neiseo. The prohlen1 of entletn1ent alone re1nainK, anti we herewith
respectfully sub1nit our recomn1endationR with respect to this final n1atter,
to-wit·: \V,_-': helieYe t.lrnt it iB, a. 1nattt,>r of . .1,ra,c:tkal. irnpoHt--.ibility to l1J'n<·ure
the t:'llHl't.nwnt of a t·o<le reYiHion at . a re,i.rular _ sp:,;;:-;ion .of ,the legislature for
ullvious reasons, the sa1nc IJ(--'ing that .. the', or'clinary lnrniuess of a r,eg·ular
~P:.;sion' hnrdly veruut~ of_ exelnKl\'P attl'11tion .to :·a -~ing-l(, ·xubjeet..
YariouH 111p1nhers. of the Leg-islaturt- are eoucerned with general matters,
~uch n:-; the Ueneral Appropriation Bill, which OYersha<lows a)l other concerns~
and tog·ptlH-'l' with tlw various intereHts of the individual 1nen1bers, practically
prPelUdt.>:-; tl1P111 fron.1 tle,·otiug their ~xelui-dve attention to a 1'5iJ1gle piece of
24 JOURNAL OF THE SENATE
constnH'Uvc ,vork. ~t'hp tiuic allowed for a 1·1;-•g·ular KPHSion ,voul1l B(~t'l'1'Nitat.f':
tk1Yoting half of tlri.H period te, the Code llevision a!one, leitvin.g: the other
half oC the leg-islat.i.vp ti111e for all otht~r State nmtters, whiC'h is inadequatP- to
the f'Xt('llt that tlw e<H1P redsi.ml \Vonld fnil of pas::-:ag·p in the O[Jininn of thP
Cnunuitt<·,~ and ·would lrnYP to lH• (lpff•ITPd to a ~lH'ciul 8f..'NHion tht·renft.er to
ht-' c·allt>·d.
'i'hi.:s Jath-1r ~ituation 1n·e:-ie11t:-- a ~t~l'iou:-; <liffit·ult~·.
<":0Yl'i.'ia.t2: tlH:• P11tire body of th1:-~ statute b:n·v of the State
The~ c·(Hh' 1·t~vision,
revised, if l..ll'ought
heforP a IH_"v.r kg·i:--ilatu.l'e nui'iunili~u· ,vith it a1Hl tlte nrntt.ers tlu1t haYt::' g·one
liefon, the revisio11, ·would fa(·e .tlle gTl'tltP~t ,liffkuliy iu ~on1prphenl1ing the
"\Vork. for the 1·t-'D.'-i01l that in the IH!W lt-<gh;lature of JB:2!> tlwn_.. 1,vill lll· a v~ry
::-;u1n.ll per('eutag;e of old Hternllt'l'H ,vho 11:lH-' :-;er\'('d i11 thl' vri,n· lt>;.:;i~latrn'P·.
The f·ntire r:,uLjeet ,vill he lH'.\V to the 1wvv le~:hdntnrP, w.hi<·h -;vill ha\·e tu
.ag·:du eovt•r i.he ground t.llat tl11:• .1'orn1er 1Pg;i:-;lntu1·(• ha~ (·on11>rehew-,iYdy done,
,vithout the lH:>11t•fit of the knowledge of the fonner legbdature or the Legisla­t.
ii:t' Committee tl1at ha!-i ~1-H-'Ut HliH'P thau ~ix 11wuthd u.f inteu:-.iYe ,vork upon
tlu, reyL;iou. Tlle vreNc•nt Coth: C\:1nmitt.Pt~ ·will 1wrha11s eea:-;e to 'funetion Dt~­l't'llllH
·l' :nNt 11pxt. and a nP,v kg·islaturP ht-' .:1Pl).riYPt1 nf thP :1<.lvantag;t• of iLH
t.lturongh exu111i11ation of the rPYisiou. Jr it t:lhould lie Hupplaut(-•d hy a HPW
e,1-rn111ittn• it::-; work "Nuultl lia\·p he (lone· uYPr, (·on~nmiug a .lu,·~\.' portion
of the• Hl~!l. and a :-.1wciul ni' tht• h-•g·i::-;mtu1•p l.H.~rhctpN C"all,•fl, if it lie
oc rhat 1-hp ('11dP llP t~1w.et0tl.
'.l'lt{• 1-1{·0110111.v that vdll result fro111 the \Vork of th\' prL'HPHt. (\,rn111itte~~ is
.a \"<·'l'Y HULJHtanrial n1atter. 'J.'lw Hjx lliL'IHheri:- of th(' < 'omu1i.tieE•, thn>-f' lro1n
L~ad1 Honse. lu1.ve de\·utPd tlH'il' inteH:-;in.• labor Lu the <~ntl · that thc•v are in­~
inia.tt·1y fa111illar wHh PYPry featnn! cf tl1t.· revi;-;io11 ma{lt- l.Jy the C~Hh· Con1-
1niH.sionL'l' and upou the floor of the Jp;.:,·i~!atl11•p in Pither 1-lou~.e. can irn.;tantly
(:>-xplaill any niatti._~r that ean lll:' raif.w(l lly query a1u1 <'Xhibit the l:ntfre re­Yi:-
don NP<"tion 1.iy H(.'(.'t/_()ll ill !.hp "!)ht11·l.t~:-:t l)OKHihlf~ timP.
Tli.P (_'()1111.\.lith•i' l'('('()ll\il\Clldt--- tli:it H HlH"'f"i:Jl ~WH~iiou nf tlu.· lt-,J.d~.lalnr~.' hP
<'allt'd, :,-;ay al)tH·oxi1tU1t<,ly ~oY(~mlipr JG, lil'.28, to ;-;it for tllil"ty tlay:-, and ~nact
thl· <'Odl' l'P\'isiou i.nto law. rrhe lli'('Nf:'llt 1Cg·i:-:1atul'L' ha:-: thor•n1g·hly c·nw-.:it.l+•rt\tl
the nm t tPr of CodP H.edsiou ancl '\Yith tlw hL'llPfit ot the Jalior of the Leg·bda-
1 lH' Cock Cou1111itf.ct>, <·.an ('01rnider the l"L'';;b:don ,vHll ;.::rc~at rapidity anll HlH.·etl­ily
PIHH·t i.t, sadng- mauy Wl't~kB of labor upon tlte pa1·t of auotllt:>r lPg-i::,:]aturt\
·who V{onl11 haYc h) dupHctttP tll(' v\'m·k that lurn lleeu doll(' in tht' p1·c:.~Pnt leg­hdai
ure :11111 by the effort:-: of thr• Co111rr1ittflL'. ~n1ert• iR no 1·ea:-:on i;d1y. a HlH:'­
·dal .Hl':-iNion of the L,,;;·it-;lature Hitting- .l:'01· thirty clay~ <'OHlil rnd pntir:-,1.y (·om­}
Jh-'te tlw 1nattPr,. and in faet, in the opii1ion of the Com1nHtPe, it 1night be
fl,1np iu i.\Vt.~nty ila_v:-:, hut in no Pn·ut to t~x<'1:'P1l thil·t:v da.n..;. l.n whit-11 t•as17
lH·forP the Xi nth L<:'j.dHI:it nn\ of 1!J:ZH Hi tH, thP BC'W 1·o<k \Yil.l lia vP bc•t·oml' a
law :i.nd ill tlH' 11;111{1;-; of 111P 1nlllli('.
rrlE• Com111ittP-P ,viRIH~N to in1prP:-::-: thh, faet that in tlit> ('Y(•ut n spc,z-ial
:-:1•H)".ion of tlw l(•g;i~l.1tu1·e :-:,lionltl hP callP(l that. no matt.t·,r;; othpr· thau tht• ·1;·11-
af'tmP11t <1f th(' <·otlt-• r,•YiHhni an· in any H<'H:-iP to lit> <'On~i(l('l'Ptl hy thP IPf-!,'i~la­t
un• and thP /·all :-:11011.lcl lil' t.·onfiuetl to t.hi:-. 1)oi11t, au<l it i:-: the opinion of .the
Vornnrit.tt't~ tlint t"h<· }H-'r•-wnn.cl of thi' lH'P:..;eut legh:ilnhn·p -..vill nnt1Pr no eirTnn!­~
taH<'f'r4 (·OnHidt'l' an.\· atl<Ltionnl mat terH ..-t 1e/..! "i:::datioi'1 whatl'Yf~r. but · eonflrn:
i.tH,Jf 1-0 tlll' p1u1ctmput of t.ht> c·Odl\ l'P\'iKiim a:-: th(• :-:auw ha~ hPPn 'tnruPd on\r
l,y tlu• CodP Co111mi:-:siotH'l', the Con11nittPP having-· snti:-it'i1•1l it:-:Plt' that tl~c
n'YiBion rcprP~·W1lt~ till' ,·pry ldg·hp:-:t 1nprjt antl ha~ prodll('P<l 11·0 ('haug-t• in tlle
;-:;nh:-:Vin<·P o!' p_xi:..;ting law. ·
Insnfar as tlu .. p1 1rHonrH'"J of th<' CornmHteP i:..; C'ou(·Prnl•d, Wt' are ;ulY1l-led
1hat no lill'Hil)t~L' of t1IP Lpg:i:-:latlYP Codt• Co111111ith-'l' from tlw· Hotrne i..vill rpt.ur.n
to t-lu" -~iuth L{•1,rhd11tn1·1'..i. i11thon:..d1 01w or mo1·p llH:'lnherH of thP 8t>rrntP (;om­mit"
t_t'P nwy rPtnrn. 'This pn•t-::Pnts a n1attt•r of grpat (lift'ieulty, iff t.hat. :,;.h1.i1ll,1l
th(-' C'\iil'-' l'PdKion go oi.:pr to . r1w Yl11th LP:.rif:lHtun• 1'01· pn;u•tn.wut, O!li' Hon-.;P
·will liayp· tlw H<h·:1nh1g·p of tllt> -..v,q•l . .;: of thl' Con1111itiPf" a11<l tl,t~ otlu-•,; Hou:-.e
,vi11 h:, n total :..;tnt11g·-pr to it. 'fhis ·will lH"O(hl<'P g:h-•at (·onfnxion a111l wiH
Yl-'l'Y likPly n·:-n.1lt iu l]() Pll!l('tlllPllt.
lna~mndi as th!' ·11w·111l1c•1·s of Uu.· ConHnittet· rPg-ret thr• nt•epssitr fni· a
~f)p(•ial :..;e"!)H1011 aull tb, rn·(·e~:--;it.Y < f t.]l(•ir at\(!lJtlarn•p upnu tlH• ~:lnw, Wt.'
fe·t"·J thnt thi.-.; \'Pl'.'i"· 11i1:-~·!'itori1iu:-: \.Vork of tll1· (•on11.uiHKiu1wr vyill \'('I'Y likd;'I' t'itil
uf t··n:n·trnPnt nnles:-; ;..;u-<-h ·a. :-qw<'iit.1 S(':·-a~ion l)p (·all!.'d, and l'o:r tld:-; aud no
t.t11Pr n'a:--011 tht• ( 1 01n1nit.tel' makt'H this rpr•o11111w1u1ntion.
JOURNAL OF THE SENATE 25
\Y1' an .. :-mlnnit tiuμ: a ('OPY of thi~ report to thP CodL· l'o111111i:--sio1wr and
ht> \'Pl'Y :.d:111 Lu lln,·,, hin1 wak(.~ any n·<·o11111H'llllt.ltiu11 iu 1ht• prPmi.-;1-·~
J1,.• ~W('t·-' fit.
lI(1Rwraldl' Fn'll ~nt lt•r,
l'l1ain1w11. Ll';..:;i:,;lati\·(· t'od<• ('nrnrnit-lt'f',
Hi:-:lr':-'~·. /1,.rizon:1
l!'rl'll Suttl·r,
Chairman.
;-;e!lic> T. Bn,lt,
~l-'l'l'l-'t::ll.ry
Harry J,~. l'kkt-<lt
.A. II. Ji'an,ur
T. \\'. l)o1111t•J!y
lL 1I. Gil>l>s
I,1_,g·h..:IntiYP t'o,l(' l'tlllllllittl't'.
l 1 hot>11ix. Arizona
...--\.nμ:u:-:t '.2:~. :W~8.
J a111 i11 l'('('Pipt of tlit- l'qlort of th(' legh;Jn1 iYP ('(Hll' 1.·on1t11iUPP. :-:lgnt·d
Ynnr:-:t•lf. a:-; d1ni1·rna11. and till· foll_o,vin!!,· a:-: 11H'lllllPl":-;: IIarry E. Pi1·kPtt. A.
}<'a\'(illl'. T. \Y. l)o1111Pll,,·, and H. H. ulhh:-:. 1 h:.l\'(' l't.'lld y."iur l'.X('t•lh·11t
,vi1h iJJil'l'l.'Nt an,1 <·:tl'Pfnl at-tt•utio11.
I am ph•a:-.;11 tl L<, note Uiat your (·onnuitt('t' found tht> ·work oi' ('o!le Com­:
mLi..:::,:im1ct· Stnwk11H'Y<'t' "in all rl:.'t-:f)C'CtB i:-.; L'.Xeellp11t,'' anrl that yun Pntire-Jy ap­J1roY<'
tlH· N;lllli'.
~\t this tilll<..' 1 1k:-.;irP 1o p:x:11n,:-;:-.; 111)' }H-•rsonal ari11n~datio11 for tlw uure-
111iUiI1;2: a1ul faitl1t'nl woi-k whl<'h .Yon a1Hl tlw othl·l' 11H1 lllhi.'l'S of tlu· ('0B1n1ittf~e
1Ja\,_. dmw in tlw h•dion:-.; ta:-.;k of ('ht•('king {hp vnirk of thl' C'odt> ('on11nisHionpt,
and in 1Jn-"pari11g- tlH-' YoluIHiuou;-; matt<•r for the 1irinter. 'rlH-' Stith_• of ..:-\.riz.ona
ovrv.c.; yo1!r (·1:mrnittv(' a <l('l'J) lh•bt of av11redntion for thi~ vrork.
I ltan-' 11ot<•d ronr 1·0111nH·11t anfl rN'Pl1lllH'Ililntiolls t'i:1H·er11ing: a H1H'ebi ~e:1-
siui,1 ,1f tl1<• Le1 .. i;i:-;latnr<· to hl' (·allp1l al1nut tht• 111itldh, oi' ~OYL~mlH'l', 1\12~. to
('{JJn::idPr thL' Pna1·tl1H'lll into l:TW of the <'O(lt• l"l'Yit-don.
at--Nu1·c· You that T will gi\·1· .Your arg·1111wnt an<1 TPCornnwn1latl1111~ in thi:.;,
rnc1t11•r 111<' ~1·ri;1llt-- aud (·ar<·lnl at!e11tion to \.-Yhid1 tlwy <ll'P pntilkd.
Vf>ry truly your~,
(Sig-ne11) Gt-org-P ,Y. P. I-Innt,
(;(lVt'l'UOl".
The communications were ordered filed.
REFERENCE TO COMMITTEES
The President announced the following references to standing
cornmittees:
Chapter 53, "Negotiable Instruments," to the Committee on
Banking and Insurance.
Chapter 55, "Nuisance of Bawdy Houses," to the Committee on
Municipalities.
Chapter 57, "Partnership," to the Committee on Judiciary.
Chapter 64, "Real Property," to the Committee on Judiciary.
26 JOURNAL OF THE SENATE
Chapter 69, "State Historical and Pioneer Historical Society,"
to the Committee on Education.
Chapter 71, "State Lands," to the Committee on Public Lands.
Chapter 72, "State Library and Legislative Reference Bureau,''
to the Committee on Methods of Business.
Chapter 73, ''Statutory Construction," to the Committee on
Judiciary.
Chapter 74, "Suretyships," to the Committee on Judiciary.
Chapter 75, "Taxation," to the Committee on Finance.
Chapter 76, "Townsites," to the Committee on Municipalities.
Chapter 77, "Trusts and Combinations in Restraint of Trade,"
to the Committee on Judiciary.
Chapter 78, "Uniform Legislation," to the Committee on
Judiciary.
Chapter 79, "Veterans' Aid," to the Committee on Public De-fense.
Chapter 80, "Warehouse Receipts," to the Committee on Methods
of Business.
Chapter 81, ''Water, Irrigation and Drainage," to the Committee
on Agriculture and Forestry.
Chapter 82, "Weights and Measures,'' to the Committee on
Methods of Business.
Chapter 83, "Wills," to the Committee on Judiciary.
Chapters 97 to 139 inclusive, constituting Part 4, the Penal
, Code, were referred to the Committee on Judiciary, and further ref­erences
of certain chapters of the Penal Code were made as follows:
Chapter 99, ''Crimes against the Elective Franchise," to the
Committee on Suffrage and· Elections.
Chapter 105, "Crimes against Public Health and Safety," to the
Committee on Public Health.
Chapter 107, "Crimes against the Revenue and Property pf the
State," to the Committee on Methods of Business. ·
Chapter 110, "Crimes by and against Stockraisers," to the.. Com­mittee
on Live Stock.
Chapter 111, "Miscellaneous Crimes," to the Committee on Labor
ap.<,l. Capital.
Chapter 127, "Inquiry into the Sanity of the Defendants," to the
Committee on Public Health.
JOURNAL OF THE SENATE 27
Chapter 129, "Actions against Corpoxations," to the Committee
on Methods of Business.
Chapter 130, "Disposal of Property," to the Committee on
Methods of Business.
Chapter 138, "State Prison,'' to the Committee on State Insti­tutions.
Chapter 139, "Jails," to the Committee on State Institutions.
APPOINTMENT OF EMPLOYEES
Mr. Jones, for the Committee on Employees and Supplies, made
the following report:
"Your Committee on Employees and Supplies begs
to report that the following changes have been made
in the list of employees of the Fifth Special Session of
the Eighth Legislature:
William H. Gadd has been appointed Sergeant-at­Arms
in place of Ben Bennot, and Ben Bennot has been
appointed Doorkeeper in place of ·William H. Gadd.
Jean Nelson has been appointed Postmistress.
Nancy E. Richards's name has been added to the
list of stenographers.
Ruby Murray has been added to the waiting list
of stenographers.
Ruby Stanley has been added to the list of stenog-raphers."
·
Mr. Jones moved the adoption of the report. The motion was
agreed to, and the report was adopted.
CHAPTER 54, "NOTARIES PUBLIC AND COMMISSIONERS
OF DEEDS"
Mr. Favour, for the Committee on Judiciary, reported Chapter
54, "Notaries Public and Commissioners of Deeds," with the recom­mendation
that the Chapter be adopted as revised.
The report, together with Chapter 54, was placed on the Calen­dar,
under the head of Orders of the Day.
CHAPTERS 66, "SALES"
Mr. Favour, foi· the Committee on Judiciary, reported Chapter
66, "Sales," with the recommendation that the Chapter be· adopted as
revised.
The report, together with Chapter 66, was placed on the Calen­dar
under the head of Orders of the Day.
28 JOURNAL OF THE SENATE
CHAPTERS 84 TO 96, PART 3, "COURTS AND CIVIL PROCEDURE"
Mr. Favour, for the Committee on Judiciary, repo1ted Chap­ters
s,1 to 96, inclusive, Part 3, "Courts and Civil Procedure," with the
recommendation that the Chapters be adopted as revised, with the
following amendments:
That in Chapter 88, Section 513, lines 10-11-12
and 13, the words "one in the postoffice at the county
seat of said county, and the other in some public place
in said county," be stricken and in lieu thereof the words
"and at two other public places in said county,'' be in­serted.
That m Chapter 93, Section 695, line 6, before the
word "five" the words "at least" be inserted.
That in Chapter 87, Section 68, Line 53 of the
printed chapter be stricken and the same be inserted after
line 20 of column 2, page 10.
That Chapter numbers from 84 to 88, inclusive,
be inserted in the blanks left for that purpose.
The repoit, together with Chapters 84 to 96, inclusive, Part 3,
was placed on the Calendar under the head of Orders of the day.
CHAPTER 54, "NOTARIES PUBLIC AND COMMISSIONERS
OF DEEDS''
Chapter 54, "Notaries Public and Commissioners of Deeds," was
placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 66, "SALES"
Chapter 66, "Sales,'' was placed before the Senate.
The Chapter was ordered engrossed, a:hd was referred to the
Committee on Enrolling and Engrossing,
CHAPTERS 84 TO 96, PART 3, "COURTS AND CIVIL PROCEDURE"
Chapters 84 to 96, inclusive, Part 3, were placed before the
Senate.
The Chapters were ordered engrossed, and were referred
to the Committee on Enrolling and Engrossing.
Mr. Donnelly moved that the Senate stand at recess until .2:
o'clock, p. m. The motion was agreed to, and (at 12 o'clock and two
minutes, p. m.) the Senate stood at recess.
JOURNAL OF THE SENATE
AFTERNOON SESSION
29
The President called the Senate to order at 3:50 o'clock, p. rn.
EDWARD L. STAM
The President laid before the Senate a communication from
the Governor, which was read, as follows:
Phoenix, Arizona, N overnber 21, 1928.
To Hon. Mulford "\Vinsor, President
and
Members of the Eighth State Senate of Arizona
Gentlemen:
This is to advise you that on October 1, 1928, I
appointed Edward L. Stam to fill the position of State
Veterinarian of Arizona.
This appointment is submitted to you for your
approval and confirmation.
I attach for your information, copy of an opinion
from the Honorable John W. Murphy, Attorney General,
relative to this appointment.
Very respectfully,
(Signed) George W. P. Hunt,
Governor.
November 21st, 1928.
Honorable George W. P, Hunt,
Governor of Arizona,
Capitol Building,
Phoenix, Arizo11a.
Dear Governor:
In reply to your submission conce1·ning the term of
of the state veterinary:
Section 3690 Civil Code provides for the appoint­ment,
confirmation and removal of the state veterinary
and his ten11 of office. The statute fixes the term of
the veterinary at two years unless sooner removed by the
Board.
In our opnuon any veterinary so nominated and con­firmed,
regardless of how long his predecessor may have
held office, is appointed for the term of two years.
Respectfully yours,
(Signed) John W. Murphy,
Attorney General..
30 JOURNAL OP THE SENATE
The communications were referred to the Comrnittee on Live-stock.
JAMES B. BUTTON
The President laid before the Senate a con1niunication fronu.
the Governor, which was read as follows:
Phoenix, Arizona, November 21, · 1928.
To Hon. Mulford \Vinsor, President
and
Members of the Eighth State Senate of Arizona
Gentlemen:
This is to a'dvise you that on this date I have ap­pointed
James B. Button to the office of State Super­intendent
of Banks of Arizona.
This appointment is mude necessary by the resigna­ition
of Honorable A. T. Hammons, Superintendent of
Banks, tendered today, which I am accepting.
This appointment is submitted to you for your ap­proval
and confirmation.
I attach for your information, copy of an opinion
from the Atto1·ney General's Office, 1·elative to this ap­pointment.
Very respectfully,
(Signed) George W. P. Hunt,
Governor.
Hon. Geo. vV. P. Hunt,
Governor of Arizona,
Phoenix, Arizona.
My dear Governor Hunt:
November 21, 1928.
Complying with your verbai request, we are sub­mitting
::m opinion with regard to the construction of
all the statutes pertaining to the Superintendent of
Banks.
Section 159 of the Civil Code, gives to the Gov­ernor
the power of appointing· at his pleasure:?. The law
under which the Superintendent of Banks now holds of­fice
is Chapter 11 of the Acts of 1923, which statute
provides that the Superintendent of Banks shnH be ap 0
pointed by the Governor, by and with the advice and con-·
sent of the Senate, and makes no limitation on the term;
in other words, the present appointrn.ent of the Super-
JOURNAL OF THE SENATE
intendent of Banks, is under the section Teferred to
above. There is no set time for which he is serving, his
appointment depends purely on the pleasure of the Gov­ernor.
In 1927 at the Second Special Session, H0L1Se B.ill
No. HS was adopted, which under Section 3 thereto
amending 1923 law, provides for a term of four years
from and after the date of his appointment. The said
section reads: "p10vided that the appointment of the
present qualified and acting Superintendent of Banks
shall remain and be effective for the full period of
his appointment term."
Reading these three statutes together, we can ar­rive
at but one conclusion, namely: that if the present Su­perintendent
of Banks resigns that the Governor in ap­pointing
his successo1· would have to appoint for a term
of four years, und2r th2 1927 Act. In other words,
there would be no unexpired balance of a tenn fixed by
law, as the law already fixed the term of the next in­cumbent
to foul' yearn.
Respectfully,
(Signed) FRANK R. DUFFY,
Assistant Attorney General.
The communications were referred to the Committee on
Banking; and Insurance.
REQUEST OF CORPORATION COMMISSION
The :President laid before the Senate a communication dated
Xovember 21, 1928, from the Corporation Commission, signed by
lVir. F. J. K. McBride, Secretary, requesting permission to have a rep-·
resentative of the CorpoTation Commission present at the meetings
of the conm1ittees when portions of the Code relating to the duties
or functions of the Comrriission are considered.
Commit.tees havillg under their charge portions of the Code
n,ferred to in the communication ,vere directed to take notice of the
request.
APPROPRIATION FOR OFFICE OF GOVERNOR
A message frol'n the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had passed House Bill
No. 2, entitled "An Act appropriating the sum of Twenty-five Hun­dred
Dollars for the coni:ingent fund for the office of the Governor,
and decfa.ring an emergency."
CHAPTER 52, "MORTGAGES AND PLEDGES"
lYfr. Akers, for tbe Comrnittee on Banking and Insurance. re-
32 JOURNAL OF THE SENATE
ported Chapter 52, "Mortgages and Pledges," with the recommen­dation
that the Chapter be adopted as revised, with the following
amendments:
Section 2334, line 16, after the word "county"
add the following: "not less than ten days before the date
of sale."
Section 2337, line 12, after the world "county"
add the following: "not less than ten days before the date
of sale"; line 24 after the word "pledges," add the fol­lowing:
"The facts of the s.ale may be evidenced as
provided by Section 2335 of this chapter."
The report, together with Chapter 52, was placed on the Cal­ern:!
ar under the head of Orders of the Dav.
CHAPTER 59, "PUBLIC BUILDINGS"
Mr. Donnelly, fo1r the Committee on State Institutions, reported
Chapter 59, "Public Buildings," with the recommendation that the
Chapter be adopted as revised.
The report, together with Chapter 59, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 65, "SALARIES OF PUBLIC OFFICERS"
Mr. Donnelly, for the Committee on State Institutions, reported
Chapter 65, "Salaries of Public Officers," with the recommendation
that the Chapter be adopted as revised.
The report, together with Chapter 65, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 70, "STATE INSTITUTIONS"
Mr. Donnelly, for the Committee on State Institutions, reported
Chapter 70, ''State Institutions," with the recommendation that the
Chapter be adopted as revised.
The report, together with Chapter 70, was placed on the Cal­endar
under the head of Orders of the Day.
STANDING COMI11ITTEE APPOINTMENTS
The President announced that Mr. Joyner, a Senator from Pima,
was relieved from membership on the Committees on Finance, :Methods
of Business and Public Defense, and Mr. Thornburg, a Senator from
Yavapai, was appointed to fill the vacancies on said Conunittees.
CHAPTER 63, "PUBLIC RECORDS"
]\fr. Hill, for the Committee on Methods of Business, reported
ChaptPr 63, "Public Recordc,," with the recommendation that the
Chapter be adopted as revised.
JOURNAL OF THE SENATE 33
The report, together with Chapter 63, was placed L>cl the Cal­endar
under the head of Orders of the Dity.
CHAPTER 62, "PUBLIC PRINTING AND PUBLICATION OF
NOTICES"
Mr. Hill, for the Committee on Methods of Business, reported
Chapter 62, "Public Printing and Publication of Notices," with the
recom:mer,dation that the Chapter be adopted as revised.
The report, together with Chapter 62, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 72, "STATE LIBRARY AND LEGISLATIVE REFER­ENCE
BUREAU"
Mr. Hill, for the Committee on Methods of Business, reported
Chapter 72, "State Library and Legislative Reference Bureau," with
the recommendation that the Chapter be adopted as revised.
The report, together with Chapter 72,, was placed on the Cal­endar
under the head of Orders· of the Day.
CHAPTER 68, "STATE EXAMINER"
Mr.· Hill, for the Committee on Methods of Business, reported
Chapte.r 68, "State Examiner," with the recommendation that the
Chapter be adopted as revised.
The report, together with Chapter 68, was placed on the Cal­endar
under the head of Orders of the Day.
APPROPRIATION FOR OFFICE OF GOVERNOR
House Bill No. 2, entitled "An Act appropriating the sum of
Tvrenty-five Hundred Dollars for the contingent fund for the of­fice
of the Governor, and declaring an emergency," was read the first
time in full.
M.:r. Donnelly moved that the Yules be suspended and the Bill be
placed under the orde1' of business Second Reading of Bills. The mo­tion
was agreed to.
House Bill No. 2, making an apprnpriation foT the office orf the
Governor, was read the second time, by number and title.
Mr. Donnelly moved that the rules be fuxther suspended, and
the Bill be placed under the .order of business Third Reading of Bills,
for tod;iy. The rnohon was agreed to on roll call, which resulted:
Ayes 15, not voting 4, as follows:
JOURNAL OF THE SENATE
Bettwy
Colter
Donnelly
Hill
.Akers
Joyner
Kimball
Kinney_
L~7011S
Favour
AYES
Nels on
Byers
Sutter
Thornburg
NOT VOTING
Jones
Vvil1s
'Wylie
The President
Vf a tern
the
House Bill J\r o, 2, making an appropriation for the office of
was react the thfrd time in full.
The s:oJl ,,,-vas called on f'inal passage, and Tesulted: fa_,_yes 15)
J.tot voting 41 as :fo1lo\vs:
Bettvvy
·Colter
.Donnelly
Hill
Akers
Joyner
Kin1b2.ll
Kinney
Lyons
Favour
Nelson
Byers
Sutter
Thornburg
l\:OT VOTING
Jones
So the Bill vras passed.
Wills
Wylie
The President
The Presid9nt azmounced the signing· ill open session of House
Bill No, 2, making an appropriation for the office of the Governor.
lVIr. r-nn 1110"VSd that the Senate until tomorrov,r morn-ing
at 10 o'clock. The motion was agreed to, and (at 4 o'clock and
ten minutes, p. m.) the Senate adjourned 1.nrtil ton1orro·1N, Thursdayjl
~November 2:2, 1928, at 10 o'clock, a. m.
D0It0TI1Y BUR'TO:t-J COLTER,
SecretaTy.
MULFORD WINSOR,
P:reside11t.
The Se11ate met at 10:34 o'clock, a. m. (ML Donnelly rn the
:;::hair)
Rev. E. E. Vvillams, Chaplain, of the Senate, offered :0mi.yer.
JOURNAL OF THE SENATE 35
The roll was called and the following Senators answered to
thefr names:
Bettwy Hill Kinney
Colter Jones Lyons
Donnelly Joyner Nelson
Favour Kimball Byern
THE JOURNAL
Mr. Nelson n10ved that the reading od'
day, November 21, 1928, be dispensed with.
to, and the Journal was approved.
Sutter
Thorntu1·g
iVills
T//ylie
the Journal of VVednes­The
1notion \Vas agTeed
CHAPTER 138, "STATE PRISON"
Mr. Donnelly, for the Committee on State Institutions, re­ported
Chapter 138, "State Prison," with the recommendation that
the Chapt8r be adopted as revised.
The report, together with Chapter 138, 'NHS placed on the Cal­endar
under the head of Orders od' the Day.
CHAPTER 139, '\TAILS"
Mr. I1onneliy .. for the Committee on State Institutions, repmted
Chapter 139, "Jails," with the recommendation that the Chapter he
adopted as revised.
The report, together with Chapter 139, was placed on the Cal­endm
· under the head of Orders of the Day.
CHAPTER 52, "MORTGAGES AND PLEDGES"
Chapter 52, "Mortgages and Pledges," was placed before the
Senate,
Mr. Akers m{Fved the adoption of the following ::,,mendments
recommended by the Committee on Banking and Insurance:
Section 2334, line 16, after the word "county" add
the following: "not less than ten days before the date
of sale."
Section 2337, line 12, after the word "county" add
the following: "not less than ten days before the date
of sale"; line 24, after the word "pledges," add the fol­lowing:
"The facts of the sale may be evider1ced as pro­vided
by section 2335 of this chapter."
The motion was agreed to and the amendments were adopt,ed.
The Chapter, was ordered engrossed and was :reforred to the
Committee on Enrolling and Engrossing.
Mro Akers moved that the Senate stand at recess until 2
36 JOURNAL OF THE SENATE
o'clock, p. rn. The motion was agreed to, and (at 12 o'clock and eight
minutes, a. m.) the Senate stood at recess.
AFTERNOON SESSION
The President pro tem called the Senate to order at 2:10
o'clock, p. 111.
·w. R. V{ A YLAND
The President pro tern laid before the Senate a communica­tion
from the Governor, which was read, as follows:·
N overnber 22, 1928.
Hon. Mulford 'Winsor, President,
and
Members of the Senate of the Eighth State Legislature,
Phoenix.
Gentlemen:
This is to advise you that I have this day appoint­ed
W. R. Wayland as a mewber of the State Highway
Commission to fill the unexpired term of Harry Thomp­son,
resigned.
This appointment is submitted to you for your
approval and confirmation.
Respectfully,
(Signed) GEORGE W. P. HUNT,
Governor.
Mr. Sutter moved that the communication be considered in
Executive Session of the Senate. The nrntion was agreed to.
EXECUTIVE SESSION
Mr. Sutter moved that the Senate resolve itself into Executive
Session. The motion was agreed to, and (at 2 o'clock and thirteen
minutss, p, rn.) the Senate resolved itself into Executive Session.
The President prn tern called the Senate to order at 2:22
o'clock, p. m.
CHAPTER 59, "PUBLIC BUILDINGS"
Chapter 59, "Public Buildings," was placed before the Senate.
The Chapter was ordered engrossed and was referred to the
Committee on Enrnlling and Engrossing.
CHAPTER 65, "SALARIES OF PUBLIC OFFICERS"
Chapter 65, "Salaries of Public Officers," was placed before
the Senate.
JOURNAL OF THE SENATE 37
The Chapter was ordered engrossed, and was refenecl to the
Committee on Enrolling and Engrossing.
CHAPTER 70, "STATE INSTITUTIONS"
Chapter 70, "State Institutions," was placed before the Senate.
The Chapter was orrdered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 63, "PUBLIC RECORDS"
Chapter 63, "Public Records," vras placed before the Senate.
The Chapter ,vas ordered engrossed, and was refened to the
Corn.rnittee on Enrolling and Engrossing.
CHAPTER 62, "PUBLIC PRINTING AND .PUBLICATION OF
l·.YOTICES 11
Chapter 62, "Public Printing and Publication of Notices, wai,;
o1aced before the Senate,
The Chapter was ordered engro,ssed, and was referred to the
Committee on Enrolling and ~ngrossing.
CHAPTER 72, "STATE LIBRARY AND LEGISLATIYE ~EFER­ENCE
BUREAU"
Chapter 72, "State Library and Legislative Reference Bureau/'
was p1aced before the Semi,te,
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 68, "STATE EXAMINER"
Chapter 68, "State Examiner," was placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing·,
CHAPTER 138, "STATE PRISON"
Chapter 138, "State Prison," was placed before the, Senate.
lVfr. Favour moved that the Chapter be amended as follows:
Section 840, line 12, insert the word "with" between
the words "contractor" and "out."
The motion was agreed to and the amendment was adopted.
The Chapter was ordered engrossed; and was ref erred to the
Committee on Enrolling and Engrossing.
CHAPTER 139, "JAILS"
Chapter 139, "Jails," was placed before the Senate.
88 JOURNAL OF THE SENA'l'E
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 79, "VETERANS' AID"
Mr. Wylie, for the Committee on Public Defense, reported
Chapter 79, "Veterans' Aid," with the recommendation that the Chap­ter
be adopted as revised.
The report, together with Chapter 79, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 53, ''NEGOTIABLE INSTRUMENTS"
Mr. Akers, for the Committee on Banking and Insurance, re­ported
Chapter 53, "Negotiable Instruments," with the recommenda­tion
that the Chapter be adopted as revised.
The report, together with Chapter 53, was placed on the Cal­endar
under the' head of Orders of the Day.
Mr. Hill moved that the Senate adjourn until tomorrow morn­ing
at 1.0 o'clock. The motion was agreed to, and (at 3 o'clock and
twenty-four minutes, p. m.) the Senate adjourned until tomo:rrow, Fri­day,
November 23, 1928, at 10 o'clock a. m.
DOROTHY BURTON COLTER,
Secretary.
T. W. DONNELLY,
President pro tern.
FRIDAY, NOVEMBER TWENTY-THR~~
The Senate met at 10:23 o'clock, a. m: (Mr. Doi\nelly in the
chair).
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators answered to
their names: ·
Bettwy
Donnelly
Favour
Hill
Jones
Joyner
Kimball
Kinney
Lyons
Nelson
Byers
Sutter
THE JOURNAL
Thornburg
WyBe
Mr. Hill moved that the reading of the Journal of Tb.ursday,
November 22, 1928, be dis.pensed with. The motion was agreed .to,
21.d the J outnal was approved.
INVITATION FROM MARICOPA COUNTY WOMEN'S DEMO­CRATIC
CLUB
The President pro tern laid be:ro:re the Senate a communication
JOURNAL OF THE SENATE 39
from the Maricopa County Women's Democratic Club, extending an
invitation to the members and attaches of the Legislature to attend
their annual Guest Night Banquet to be given on the evening of Fri­day,
November 23.
INVITATION FROM WOMEN'S UNION LABEL LEAGUE
The President pro tern laid before the Senate a communication
from the Women's Union Label League, signed by Mrs. S. E. Hink­ley,
extending to the members of the Senate an invitation to be pres­ent
at a ball to be given in the Shrine Auditorium Saturday, Novem­ber
24.
CHAPTER 54, "NOTARIES PUBLIC AND COMMISSIONERS OF
DEEDS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
reported Chauter 54, "Notaries Public and Commissioners of Deed:,,"
correctly engrossed.
Chapter 54, "Notaries Public and Commissioners of Deeds," cor­rectly
engrossed, was placed before the Senate. The President pro
tern put the question, "Shall Chapter 54 be adopted as a part of the
proposed Revised Code?" which was decided in the affirmative, and
the Chapter was adopted as a part of the proposed Revised Code.
'!'he President pro tern announced the signing in open session of
Chapter 54, "Notaries Public and Commissioners of Deeds."
CHAPTER 53, "NEGOTIABLE INSTRUMENTS"
Chapter 53, "Negotiable Instruments," was placed before the
Senate.
Mr. Favour moved that the Chapter be amended as follows:
In Section 2426, line 4, of the printed Chapter,
strike the word "avoided" and insert in lieu thereof the
word "voided."
The motion was agreed to, and the amendment adopted.
The Chapter was otdered engtossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 79, "VETERANS' AID"
Chapter 79, "Veterans' Aid," was placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
.Committee on Ei1rolling and Engrossing.
Mr. Hill moved that the Senate stand at recess until 2 o'clock,
p. m. The motion was agreed to, and (at 11 o'clock and twelve min­utes,
a. rn.) the Senate stood at recess.
40 JOURNAL OF THE SENATE
AFTERNOON SESSIONS
The President pro tern called the Senate to order at 2:22 o'clock.
p. 111.
CHAPTER 67, "CONDITIONAL SALES"
Mr. Favour, for the Committee on Judiciary, reported
67, "Conditional Sales," with the recommendation that the Chapter
be adopted as revised, with the following amendment:
In Section 2910, lines 21, 22 and 23, change the
won!s ''goods means all chattels personal other than
things in action and mm1ey" to read "goods mealls all
chattels personal other than things in action, money and
livestock.''
The report, together v,ith Chapter 67, was placed on the Cal·
.endal' under the head of Ordern of the Day.
CHAPTER fi,1, "REAL PROPERTY"
Mr. Favour, for the Committee on Judiciary, reported Chap­ter
6J,, "Real Property," with the recommendation that the Chapter
be adopted as revised.
The report, together with Chapter G4, was placed on thH
enclar ur:der the head of Orders of the Day.
CHAPTER 83, "WILLS"
Mr. Favour, for the Committee on .Judiciary, reported Chapter
83, "'.Vills," with the recommendation that the Chapter be adopted
as revised.
The rnport, together vvith Chapter 83, was placed on the· Cal­encfa.,:
under the head of Orders of the Day.
CHAPTER 77; "TRUSTS AND COMBINATIONS IN RESTRAINT
OF TRADE"
Mr. Favour, for the Committee on Judiciary, repoTted Chapter
77, "Trusts and Combinations in Restraint of Trade," with the recom­mendation
that the Chapter be adopted as revised.
The report, together with Chapter 77, was placed on the. ·Cal­endar
under the he,ad of Orders of the Day.
CHAPTER 74, "SURETYSHIP"
Mr. Favour, for the Committee on Judiciary, reported Chapter
74, "Suretyship," with the recommendation that the Chapter be
adopted as revised.
The report, together with Chapter 74, was placed; 'on the Cal­endar
under the head of Orders of the Day.
JOURNAL OF THE SENATE 41
CHAPTER 57, "PARTNERSHIP"
l'v1r. Favour, fo1· the Committee on Judiciary, l'eported Chapter
57, "Pa1·tnership," with the recommendation that the Chapter be
adopted as revised.
The report, together with Chapter 57, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 78, "UNIFORM LEGISLATION"
.Mr. Favour, for the Committee on Judiciary, repo1·ted Chapter
78, "Uniform Legislation," with the recommendation that the
be adopted as revised.
The report~ together ·vvith Chapter 78~ -was placed o:n the C'0Ll·~
endar under the head of Onlers of the Day.
I,11'. Thornburg moved that the Senate adjourn until
row morning at 10 o'clock. The motion was agTeed to, and (at 2
o'clock and twenty-seven :minutes, p. m,) the Senate adjourned mitiI
:C.or1(1017·01,,v: Saturday, 1'1 ove1nber 24, 1928, at 1.0 o'clock, a. 1n.
DOROTHY BURTON COLTER,
SecretaTy.
T, W. DONNnLLY
Presidellt pro
SATURDA NOVEMBER TVVENTYroF10UR
The Senate met at 10:21 o'clock, a. rn. (Mr. Donnelly in the
chair.)
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senat~rs answered 't'o
their names:
Bettwy
Donnelly
'Favour
Hill
Jones
Joyner
Kimball
Kinney
Lyons
Nelson
Byers
Sutter
THE JOURNAL
Thornburg
Wylie
By unanimous consent the reading of the Journal of Friday,
November 23, 1928, was dispensed with, and the Journal was approved.
SEATING OF MR. AKERS
The Sergeant-at-Arms, at 10:25 o'clock, a. m., announced that
Mr. Akers, a Senator from Maricopa, had entered the Senate Ch:m1ber
and taken his seat.
42 JOURNAL OF THE SENATE
CHAPTER 69, "STATE HISTORIAN AND PIONEER
HISTORICAL SOCIETY
Mr. Kimball. for the Committee on Education, reported
Chapter 69, "State Historian and Pioneer Historical Society," with
the 1·ecommendation that the Chapter be adopted as revised.
The report, together with Chapter 69, was placed on the Calen­dar
under the head of Orders of the Day.
CHAPTER 80, "WAREHOUSE RECEIPTS"
Mr. Hill, for the Committee on Methods of Business, re.ported
Cha.pier 80, "VVarehouse Receipts," with the recommendation that
the Chapter be adopted as revised.
The report, together with Chapter 80, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 53, "NEGOTIABLE INSTRUMENTS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
1·eport.ed Chapter 53, "Negotiable Instruments," correctly engrossed.
The President pro tem put the question, "Shall Chapter 53 be
adopted as a part of the proposed Revised Code?" which was decided
in the affiqnative, and the Chapter was adopted as a part of the pro­posed
Revised Code.
The President pro. tern announced the signing 111 open session
of Chapter 53, "Negotiable Instruments."
APPOINTMENT OF EMPLOYEE
Mr. Jones, for the Committee on Employees and Supplies, sub­mitted
a report recommending the appointment of J. R. McDougal as
clerk at a salary of $6.00 per day.
Mr. Jones moved the adoption of the report. The motion was
agreed to, and the report adopted.
CHAPTER 67, "SALES UNDER CONDITIONAL CONTRACTS"
Chapter 67, "Sales Under Conditional Contracts," was placed
before the Senate.
Mr. Favour moved the adoption of the following amendment,
recommended by the Committee on Judiciary:
In Section 2910, lines 21, 22 and 23, change the
words "goods means all chattels personal other than
things in action and money" to Tead "goods means all
chattels personal other than things in action, money and
livestock."
The motion was agreed to, and the an1endment was adopted.
JOURNAL OF THE SENATE 43
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing"
By unanimous consent (at 10 o'clock and thirty-six minutes,
a" mo) the Senate stood at recess until 2 o'clock, po mo
AFTERNOON SESSION
The President pro tern called the Senate to order at 2: 15
o'dock, po nL
CHAPTER 60, "PUBLIC FINANCES"
Mr" Byers, for the Committee on Finance, reported Chapter
60, "Public Finances," with the recommendation that the Chapter be
adopted as revised, with the following amendments:
Section 2619, line 16, beginning with the word "out,"
strike to the end of the section, and in lieu thereof insert
the following: "and only out of the appropriation made
thereforo"
Section 2624, lines 5 a11d 6, strike the words, "ex­cept
when expressly authorized!'
Strike entire Sections 2657 and 2658"
Pages 780 and 781, strike the words "pending
referendum" and the entire Section 2665, and also the
WOTds "Alternate section, if preceding section defeated on
referendun10"
The report, together with Chapter 60, was placed on the Cal­endar
under the head of Orders of the Day"
CHAPTER 75, "TAXATION"
ML Byers, for the Committee on Finance, reported Chapter
75, "Taxation," with the recommendation that the Chapter be adopted
as revised, with the following amendments:
Section 3067, line 3, after the word "assessment"
add the words "as fixed by the tax commission or!'
Strike subdivision 4 of Section 3068, Article 2,
and in lieu thereof insert the following: "The
property of widows, honorably discharged sol-diers,
sailors, United States Marines, members of rev­enue
marine service and army nurses, re.sidents of this
State, not exceeding the amount of two thousand dollars,
where the total assessment of such widow and such other
persons named herein does not exceed five thousand dol­lars;
provided, that no such exemption shall be made for
such persons other than wido,ws unless they shall have
sel'Ved at least sixty days in the military or naval serv­ice
of the United States during time of war, and shall
44 JOURNAL OJi THE SENATE
have been residents of this State prior to January 1, 1927.
(Sec. 2, Art. 9, Const. of Arizona, adop. by ref. Nov. 6
1928).
The report, together ·with Chapter 75, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 64, "REAL PROPERTY"
Chapter 64, "Real Prnperty," was placed before the Senate.
The Chapter vvas ordered engrossed, and 1,vas referred to the:
Con1n1ittee on Enrol1ing· and Engrossing-.
IVl1-'. I 1ho1·nbu:rg r~10\red that the Senat8 adjourn until W[onday
1tnorning at 11) otclo,ck. The 1notio11 was agreed toJ and (at 3 o~clock
.and five min-ute.s, p. r~L) the .Senate adj<.n:trned until IVlonday, }Joven1~
ber 26, 1928~ at 10 0 1cloi:k, :a .. '.r1L
DOROTHY BURTON COLTER,
Secreta1·y.
1'. DOJ\INELL Y,
President pro ten1..
The Senate met at 10:50 o'clock, a. m. (lYfr. Donp"llY i.n the
chair.)
Rev. E. E. ·Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators ,rnswered to
their names:
Bettwy Jones Lyons Thcrrn,bul'g
Colter Joyner N8lson Wylie
Donnelly Kimball Byers
Hill Kinney Sutter
THE JOURNAL
Mr. Hill moved that the reading
November 24, 1928, be dispensed with.
and ~he Journal was approved.
of the J oun1al of Saturday,
The motion vrns agreed to,
CHAPTER 52, "MORTGAGES AND PLEDGES"
Mr, Donnelly, fo,r the Committee on Enrolling and Engrossing·,
reported Chapter 52, "Mortgages and Pledges," correctly engrossed!
The President pro tern put the question, "Shall Chapter 52
be adopted· as a part of the proposed Revised Code?" which was de­cided
in the affirmative, and the Chapter was adopted as a part of
the proposed Revised Code.
JOURNAL OF THE SENATE 45
The President p:ro te111 announced the signing m open session
oi Chapter' 52, "Mortgages and Pledges."
CHAPTER 79, "VETERANS' AID
1'Ir. Donnelly, for the Committee on Enrolling and Engrossing,
repori:ed Chapter 79, "Veterans' Aid," correctly engrossed.
The President pro tem put the question, "Shall Chapter 79
be adopted as a part of the proposed Revised Code?" which was de­cided
in the a:ffimrntive, and the Chapter vvas adopted as a part of the
proposed Revised Code.
The President pro tern announced the signing 111 open session
of Chapter 79, "Veterans' Aid."
CHAPTER 63, "PUBLIC RECORDS"
Mr. Donnelly, for t.he Committee on Enrolling and Engrossing,
reported Chapter 63, "Public Records," correctly engrossed.
The President pro tern put the question, "Shall Chapter 63 be
as a part of the proposed Revised Code?" which was de­dded
in the affirmative, and the Chapter ·was adopted as a part of
the proposed Revised Code.
The President pro tem announced the signing 111 open session
oi Chapter 63, "Public Records."
CHAPTER 83, "V\TILLS"
Chapter 83, "V\Tills," was placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
Cornmittee on Enrolling and Engrossing.
CHAPTER 110, "CRIMES BY AND AGAINST STOCK RAISERS"
]\fr. Thornburg, for the Committee on Live Stock, reported
Chapter 110, "Crimes by and Against Stock Raisers," with the
recommendation that the Chapter be adopted as revised, with the
fol101ving amendment:
That all of Paragraph 385, as revised, be stricken and that the
:follov,ing be substituted in lieu thereof:
Sec. 385; Herding or Grazing Sheep on Cattle Rang­es;
Moving Sheep to Shipping· Points or Lambing
G,;-ounds. Any pernon ovrning or having charge
of sheep or goats ·who herds, grazes or pastures the same
or permits or suffers the same to be herded, grazed or
pastured on any cattle range previously occupied by cat­tle
or upon ,i.ny range usually occupied by a cattle grow­er,
either as a spring, summer or winter range for his cat­tle,
is guilty of misdemeanor, but the priority of right
bet-ween cattle and sheep o,vners to any range is deter-
46
endar
JOURNAL OF THE SENATE
mined by priority in the usual and customary use of Sllch
range either as a catt12 01 shee1J range.
J\[othing herein contained shall be conf;trued as
p:cohibiting the herding or gra2.ii1g of sheep over or
upon any n1Jxed range; and any pe1·son 1,vho has p1..,u:chased
or n1ay :i_JL.lTChase an enhl't! CB.t-tle range or lazid1, o:c right
to possession or use the1 eof1 theTetofore used s:,s a cat­tle
range or cattle grazing ground, or his gTantee or
a,3s1gnee, may use the same as lambing grounds oi· graz­ing
grounds for sheep, subject otherwise to the provisions
hereof.
Sheep and g·oats, ,vhen being rnoved :frcxn their ac­custc1ned
1'ange to a shipping point or to la::.1:1bing
grounds or when being l'eturned from a shipping point to
their accnsto1ned 1'a-nge shall, vvhen off a designated stock
d1'ivevrny and crossing a range which is being ,rnd has
been used as a cattle range, tl·a,vel at least tl-,ree miles
per day, and by the most direct practicable route to a
designated Arizona stock shall thence
travel on such driveway and not therefrom until
they reach a point nearest to their desth1ation, and travel
thence from said point by the n2arest practicable route
to said destination; but the right for such sheep or goats
to herd or graze upon the lands or possessory rights to
lands of another, is not hereby authorized,
Any person violating the provisions lrnl'eof shall be
guilty of a rnisdernea11or, and each day shall constitute
a separate offense. (Sec. 3, Ch. 62, L. 'OG, Sec. 64,1,
P. C, 13 am. Chapter 39, h '21 as am, by Ch. 29, L,
'23.)
The together with Chapter 110, ,vas placed on the Cal­of
Orders of the Day,
Mr, Thornbm·g moved that the Chapter be advanced on the
Senate Calendar and considered at once, The motion was ag1·eed to
and Chapter 110 was read,
Mr. Thornburg moved that the Chapter be further amended, as
follows:
In Section 379, line 1, afte1· the word "unbranded''
insert the words "or stolen.'"
The motion was agreed to and tl1e amendment adopted,
Tbe Chapter vras ordered engrrn~~sed) and v~ras refel'Ted to the
Corn.inittec on E-;:-1-rolling and Engrossing,
JOUR.'lAL OF THE SENATE 47
CHAPTER 77, "TRUSTS AND COMBINATIONS IN RESTRADTT
OF' TRADE"
Chapter 77, "Trusts and Combinations in Restraint of Trade,"
vrns placed before the Senate.
The Chapte1· V/as 01dtred engrossed, and ,vas referred to the
Co111:JT1ittee on Enrolling and 'Engl'ossing.
CHAPTER 74, "SURETYSHIP"
Chapter 'M, ''Suretyship" was placed before the Senate.
1'he Cbapter •,vas ordered eng:ro,ssed, and vras referred to the
Conunittee on Enrolling and Engrossing.
Chapter 57, "Partnership," ,.,v.as placed before the Senate.
The Chapte1' Vilas ordered engrossed, and ,vas refe1Ted to the
Co:tnmittee on Enrolling· and Engrossing.
Chapter 78, "Uniform Legislation," was placed before the Sen-
The Chapter was onlered engrossed, and vvas referred to the
Committee on Enrolling and Engrossing.
Mr. l\T elson moved that the Senate stand at 1·ecess until 2
o'clock, p. m. The motion was agreed to, and (at 11 o'clock and fifty­five
minutes, a. m.) the Senate stood at recess.
AFTERNOON SESSION
The President pm tem called the Senate to order at 2: 18 o'clock,.
p. m.
By unani1nous consent (at 2 oJclock and nineteen n1inutes, p. n1o)
the Senate adjourned until tomorrow, Tuesday, Novembe1· 27, 1928, at
10 o'clock, a. m.
DOROTHY BURTON COLTER,
Secretary~
The Senate met at 10:18 o'clock,
chair).
T. W. DONl\TELLY,
President pro tem.
IYL (l'vh. Donnelly in the
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
48 JOURNAL OF THE SENATE
The roll was called and the following Senators answereu to tlwir
names:
Ilettv1y Hill Lyons Wylie
Colter Jones Nelson
Donnelly Kimball Byers
Favour Kinney Sutter
THE JOURNAL
JI.fr. Hill moved that the reading of the Journal of Monday, No­vember
26, 1928, be dispensed with. The motion was agreed to, and
the Journal was approved.
CHAPTER 83, "WILLS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
:reportl'd Chapter 83, "Wills," correctly engrossed.
The President pro tern put the question, "Shall Chapter 83 be
adopted as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter was adopted as a part of the pro­posed
Revised Code.
The President 1,ro tern announced the signing in open session
of Chapter 83, "Wills."
CHAPTER 57, "PARTNERSHIP"
Mr. Donnelly, for the Committee o.n Enrolling and Engrossing,
reported Chapter 57, "Partnership," correctly engrossed.
The President pro tern put the question, "Shall Chapter 57 be
adopkd as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter was adopted as a part of the pro­posed
Revised Code.
The President pro tern announced the signing in open session
of Ch'.1pter 57, "Partnership."
CHAPTER 78, "UNIFORM LEGISLATION"
J\fr. Donnelly, for the Committee on Enro.Jling and Engrossing
reported Chapter 78, "Uniform Legislation," conectly engrossed.
The President pro tern put the question, "Shall Chapter 78 be
adopted as a pa1't of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter vvas adopted as a p::i.rt of the pro­posed
Revised Code.
The President pro tern announced the signing 1rt open session
of Chapter 78, "Uniform Legislati-on."
CHAPTER 77, "TRUSTS AND CO'MBINATIONS IN RESTRAINT
OF TRADE"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
JOURNAL OF THE SENATE 49
reported Chapter 77, "Trusts and Combinations in Restraint of Trade,"
correctly engrossed.
The PTesident pro tern put the question, "Shall Chapter 77 be
as a part of the proposed Revised Code?" v,hich was decided
affirmative, and the Chapter was adopted as a part of the pro­posed
Revised Code.
The PresJd,=11.t pro ten1 a11nour1.e2d the signing in a.pen session
of Chapte1· 77, "Trusts and Co1nbinations in R.estraint of Trade.1'
CHAPTER 74, "SURETYSHIP"
IVIr, Donnelly, for the Con1rnittee on Enrolling and Engrossing',
reported Chapter 74, "Suretyship," correctly engrnssed.
The President pro tem put the question, "Shall Chapte1· 74 be
adoptc,d as a part of the proposed Revised Code?" which was decided
in the afffrmative, and the Chapter was adopted as a part of the pro-
1oosed Revised Code.
The President pro tem announced the signing in open session
of Cl1apter 7 4, "Suretyship."
CHAPTER 62, "PUBLIC PRINTING AND PUBLICATION OF
NOTICES"
Ivl:r. Domrnlly, for the Committee on Enrolling and Engrossing,
reported Chapter 62, "Public Printing and Publication of Notices,"
correctly engrossed.
The President pro tern put the ques"t1011, "SlwJl Chapter 62 be
adoptP,d as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter vvas adopted as a part of the pro­posed
Revised Code.
The President pro tern announced the signing in open session
rof ,_;hapter 62, "Public Printing and Publication of Notices."
CHAPTER 68, "ST ATE EXAMINER"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
reported Chapter 68, "State Examiner," correctly engrossed.
The President pro tern put the question, "Shall Chapter 68 be
:adopted as a part of the proposed Revised Code?" which was decided
in the affinnative, and the Chapter was adopted as a part of the pro­JJJsed
Revised Code.
The President p:ro tern announced the signing m open session
of Chapter 68, "State Examiner."
CHAPTER 72, "STATE LIBRARY AND LEGISLATIVE REFERENCE
BUREAU"
Mr. Donnelly, for the Comrn.ittee on Enrolling and Engrossing,
50 JOURNAL OF THE SENATE
:reported Chapter 72, "State Lib1·ary and Legislative Reference
correctly engrossed. "
The President pro tem put the question, "Shall ChapteT 72 be
adopix:~d as :a part of the pror,osed R2vised Code? u ,vhieh -i.vas decide·d.
in the and the Chapter was adopted as a part of the pro­lJosed
Revis.ed Code.
The President pro ten1 ann.ounef:d the sig'ni:og in opeu se::-~sion
of Chapter 72) '~State and L,2g]slative R2fe:rrcnce Bureau.n
TJl\TDER COJ>JD1TI0N.JtL C01'11TiLtC~i1sn
fol' fbe Curnrnittee on EnroEing a1:1d EngTo~;.sing,
.,\Sales under Conchtiongl Contr::;•,cts," ·•.i7ith th.~
that _°Lh2 follo·vvi-ng corre,::tions be autho:_'ized:
In line 22, Section 2910, strik,e the cornr:t1a after the
v101·d ''a{:t.i_,01/'; strike v1,rhich is the last v,rord i:n. line
in line 2B, aft:~1· t\2 v.rord "'rnoney" inse1·t the \vorcls
live stock."
l\tI I'. of the an1.,sndrt1E~nts. The 1110-
i,~vn v'i2ts to 1 and the Cha1;ter \V.D.S re-1·~r£2r:red to the Cornrri1·~tc1.~
on En1··0HiY.:g and EngTossing.
CI--I1\.PTER 70, "ST ..4. .. TE I1TST1TUTI01\TSn
])1.IT. DonneHyJ for the Co1nn1ittee on Enrolling and Engros;:;ing,
reioorted ChapteI~ 707 ''State Institutions/' correctly engrossed.
The President
adoI1t0d as a part of
in the affir1nath1e,,
R.·2~v1ised Code,
ten'1 l)Ut the question, ••shall Chapter '70 b2
the proposed Revised Code?" which vras decided
th.e Chapter 1.vas adopt,sd as a part of th,::: prv-
The P1:esident pro t.r.?111 a:nncunced the signing 1n open sessi0n
cf Cha1::;ter 70, '1·State
"Sr\L.ARlES OF PUBLIC OFFICE·RS
Donnell;/1 fo1t the Corn:n1ittee on EnroHing and :£r:ng1·ossing;,,
1·epo-:rted Chapter 65, "Sala.Ties of Public Officers/' corr.ectly engrossed,
itd.optcd
in the affi:rmati,7e;­Rcvised
C,ode.
pro tern the c_111estion, "'Slndl Chapter G5 be
the p,:icopDsed R,evised Code ?n vvh:ich vv-as decicled
the Cllapte1· Vl::1S adopL.x1 2,s a 1Jart of the pro-
The President pxo ten1 announced th-e signing' 1n open s,ession
of Chapter "Salaries of Public Officers."
CHAPTER 59, "PUBLIC BUILDINGS"
I\!Iro DonneHy, for the Con1:rnittee on }!~nrolling and .G::..'1grossing1
reported Chapter 59, "Public Buildings," col'rectly engrossed.
The President tern put the question, ''Shall Chapte1~ 59 be
JOURNAL OF THE SE:<rATE 51
adopted as a part of the proposed Revised Code?" v,hich was decided.
in the affirmative, and the Chapter was adopted as a pai·t of the p1·0-
poserl Revised Code.
of
tern announced the signing m open se.ssiou
Buildings."
CHAPTER 6'1, "I{EAL ? ROPERTY"
]Wr. Donnelly, fo1' the Conunittee o:n EnroHing and EngTossi11g":,
reported Chapter 64, "Real Property," correctly engrnssed.
The PTeside11t .pro tern put the question, ''Shall Chapte1· G,1 he
adopted as a pa.rt ·of the pro1Jo.sed Re-vised Code?,,. >.vhich vvas dscicled
in tbe affix1r1ative) tbs Chf~:pte;:: 1ivas adopted as a :pa::;:t of the p:to­posed
}1evised Code.
The 1:::ir,2sident pro te1n arrncunc:ed the sign.i11g- 111 01)2n s·t:ssiou
of Chapter 64, "Real Pro1Jexty.
l\1r. Donnelly, for the CoT11rnit-te,e on Enrolling and Engros~:;-~ng,
Ie]_]·ort,2d Chapter 138, ''State Prison,n correctly eng:r-ossect
The President pro ten1 l)Ut the c_(nestion, '(Shall Charter 18S 1.Je
adopted as a part of the pn·posed Revised Code " which was decidecl.
jn the affin:n2:.tive, and the Chapte:r ·v;ras adopted as a part of tb.e pro­posed
Revised Code.
CHAPTER 139, "JA.E.,S"
l\'11·. ]Donnelly, for the Com1nittee on EErolling and Eng1·ossh1g]
reported Chapter 139, "Jails," ~with the recommendation that the fol­lowing
conection be authorized:
In Chapter 139, Section gg3, line strike the vvoi~d
was" and insert in lieu thereof the word
]:lr, Jones moved the adoption of the a1nendm2nt. The L.'lotion
v11as agreed toJ and the Chapter -,.,vas re-1·eie:rred to the Co:rr11nitt'.-~2 on
Enrolling and Engrossing,
GILA AND ITS TRIBUTARIES
IHr. K:in1baH n1oved that the rules be st:.S}Jended; to pe:rr.a-lLt th2
introduction and consideratJon of a bHl relating to the 'Gila ri1.rer and its
tributaries. The n1otion -was agreed to on ,:coll caH) v.ihich resulted:
Ayes 13, :not voting· 6, as follows:
AYBS
Bettvvy
Colter
Donnelly
Favour
Hill
Jones
Kimball
Kinney
Lyons
J:,Telson
_;_"j,/8I'S
3utt2r
52
Akers
Joyner
JOURNAL OF THE SENATE
NOT VOTING
Thornburg
Waters
'Nills The President
Senate Bill No. 1, by Mr. Kimball, entitled, "An Act to Pro­vide
£or. the acceptance of the benefits of H. R. 10796, An Act passed
by the Seventieth Congress of the United States of America, Icirst
Session, and approved by the President, 'To authorize surveys and
investi,n,tions to determine the best methods and means of utilizing·
the vva.ters of the Gila River and its tributaries above the San Ca:r­los
Reservoir in New Mexico and Arizona'; to authorize the State
'\Vater Commissioner to enter into, contracts; and to provide an ap­propriation
to enable the State of. Arizona to cooperate in doing this
wo1'k; and declaring an emergency," was read the first time, by num­ber
and title.
Kimball moved that the rules be fm:ther suspended and
Senate Bill No. 1, relating to the Gila river and its tributaries, be
placed under the order of business Second Reading of Bills. The
motion was agreed to.
Senate Bill No. 1, by Mr. Kimball, relating to the Gila river
and its tributaries, was read the second times by number and title.
Mr. Kimball moved that the rules be further suspended, and
Senate Bill No. 1 be placed under the order of business Third Read­ing
of bills for today·. The motion was agreed to on roll call, which
resulted: Ayes 13, not voting 6, as follows:
Bettwy
Colter
Donnelly
Favour
Akers
Joyner
Hill
Jones
Kimball
Kinney
AYES
Lyons
Nelson
Byers
Sutter
NOT VOTING
ThoYnburg
V\laters
Wills
Vlylie
The President
Senate Bill No. 1, by Mr. Kimball, relating to the Gila river
and its tribut:ixies, was read the third time in full. The roll was called
vn final passage, and resulted: Ayes 13, not voting 6, as follows:
Bettwy
Colter
Donnelly
Favour
Hill
Jones
Kimball
Kinney
AYES
Lyons
Nelson
Byers
Sutter
NOT VOTING
Akers
Joyner
Tl1ornburg
VVaters
So the Bill was pasEed.
Wills
Wylie
The President
JOURNAL OF THE SENATE 53
The President pro tern announced the signing in open session
of Senate Bill No. 1, by Mr. Kimball, relating to the Gila river and its
tributaries.
CHAPTER 80, "WAREHOUSE RECEIPTS"
Chapter 80, "Wa1·ehouse Receipts," was placed before the Sen-ate.
The Chapter was ordered engrossed, and was refened to the
Comm.ittee on Enrolling and Engrossing.
CHAPTER 69, "STATE HISTORIAN AND PIONEER HISTORICAL
SOCIETY"
Chapter 69, "State Historian and Pioneer Historical Society/'
v;,as placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
lVir. Nelson moved that the Senate stand at Tecess until 2
o'clock, p. m. The motion ·was agreed to, and (at 11 o'clock and fifty
rninutes, a. m.) the Senate stood at recess.
AFTERNOON SESSION
The President pro tern called the Senate to order at 3:54 o'clock,
p. m.
CHAPTER 67, "SALES UNDER CONDITIONAL CONTRACTS"
ML Donnelly, for the Committee on Enrolling and Engrossing,
reported Chapter 67, "Sales under Conditional Contracts," correctly
engl'ossed.
. The President pro tern put the question, "Shall Chapter 67 be
·adopted as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter was adopted as a part of the pro­pose,
1 Revised Code.
The President pro tern announced the signing in open session
of Chapter 67, "Sales under Conditional Contracts."
CHAPTER 139, "JAILS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
reported Chapter 139, "Jails," correctly engrossed.
The President pro tern put the question, "Shall Chapter 139 be
adopted as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter was adopted as a part of the pro­pps_
ed Revised_ Code.
Mr. Kimball moved that the Senate adjourn until tomorrow
JOURNAL OF THE SENATE
morning, at 10 o'clock. The motion was agreed to, and (at 3 o'clock
and fifty-five minutes, p. m.) the Senate adjourned until tomorrow,
Wednesday, November 28, 1928, at 10 o'clock, a. m.
T. W. DONNELLY,
President pro tem.
DOROTHY BURTON COLTER,
Secretary.
'\JVEDNESDA Y5 NOVEl\tIBER
TWENTY -EIGHT
The Senate met at 10:30 o'clock, a. rn. (Mr. Donnelly in the
chair).
~·
Rev. E. E. 1Villiams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators answered to
their names:
Akers Favour Kinney Sutter
Bettwy Hill Lyons Wylie
Colter Jones Nelson
Donnelly Kimball Byers
THE JOURNAL
By unanimous consent, the reading of the Journal of Tuesday,
November 27, 1928, was dispensed with, and the Journal was approved.
MESSAGES FROM THE HOUSE
Messages from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had adopted the following
Chaptern:
Chapter 5, "Agriculture and Horticulture."
Chapter 7, "Attorneys at Laws."
Chapter 10, "Bills of Lading."
Chapter 11, "Bonds, Judicial and Statutory."
Chapter 13, "Cooperative Marketing."
Chapter 18, "Death by Wrongful Act."
Chapter 20, "Descent and Distribution."
CHAPTER 60, "PUBLIC FINANCES"
Chapter 60, "Public Finances," was placed before the Senate.
Mr. Byers moved the adoption of the following amendme.nt
recommended by the Committee on Finance:
JOURNAL OF THE SENATE
Page 772, Section 2619, line 16, beginning with
the word "out" strike to the end of the section, and in
lieu thereof insert the following: "and only out of the
appropriation made therefor."
55
The motion was agreed to, and the amendment was adopted.
Mr. Byers moved the adoption of the following amendment
Iecommended by the Committee on Finance:
Page 773, Section 2624, lines 5-6, strike the words
"except when expressly authorized."
The motion was agreed to, and the amendment was adopted.
Mr. Byers moved the adoption of the following amendment
recommended by the Committee on Finance:
Pages 778 and 779, strike the entire Sections 2657
and 2658.
The motion was agreed to, and the amendment was adopted.
Mr. Eyers moved the adoption of the following amendment
n,commended by the Committee on Finance:
Pages 780 and 781, strike the words "pending
referendum" and the entire Section 2665, and also the
words ("Alternate section,· if preceding section defeated
on referendum").
The motion was agreed to, and the amendment was adopted.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
GILA RIVER AND ITS TRIBUTARIES
A message from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had passed Senate Bill
No. 1, by JVIr. Kimball, pertaining to the Gila River and its tribu­taries.
REFERENCE TO COMMITTEES
The President pro tem announced the following references to
standing committees:
Chapter 5, "Agriculture and Horticulture," to the Committee
on Agriculture and Forestry.
Chapter 7, "Attorneys at Law," to the Committee on Judiciary.
Chapter 10, "Bills of Lading," to the Committee on Methods of
Business.
Chapter 11, "Bonds, Judicial and Statutory," to the Committee
on Judiciary.
56 JOURNAL OF THE SENATE
Chapter 13, "Cooperative Marketing," to the Cmm:nittee on
Agriculture and Forestry.
Chapter 18, "Death by vVrong;ful Act," to the Committee on
Judiciary.
Chapter 20, "Descent and Distribution," to the Committee on
Judiciary.
CHAPTER 73, "STATUTORY CONSTRUCTION"
Mr. Favom·, fo1· the Committee on Judiciary, reported
73, "C::tatutory Construction," with the recommendation that the
ter b8 adopted as revised, ·with the following amendment:
Strike the entire Section 3046 after the heading,
and in lin, thereof insert the following:
"A person who at the time an act takes effect
holds office under a law by such act repealed, continues
to hold office according to the tenure of the law repealed,
unless the duties of such office are expressly transfened
to some other office."
The report, together with Chapter 73, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 75, "TAXATION"
Chapter 75, "Taxation," vvas placed before the Senate.
Mr. Byers moved the adoption of the following arnendment
'recommended by the Committee on Finance:
Page 865, Section 3067, line 3, after the word "as­sessment"
add the words "as fixed by the tax comn1ission
or."
The n'lotion was agreed to, and the amendment was adopted.
J\fr. Byers moved the adoption of the following amendment
recommended by the Committee on Finance:
Page 866, · strike subdivision 4 of Section 3068, of
Article 2, and in lieu thereof insert the following:
"The property of widows, honorably discharged
soldiers, sailors, United States Marines, · members of
Tevenue marine service, and army nurses, residents of
this State, not exceeding the amount of two thousand
dollars, where the total assessment of such widow and
such other persons named herein does not exceed five
thousand dollars; provided, that no such exemption shall
be made for such persons other than widows unless · they
shall have served at least sixty clays in the military 6:r
11aval >SP.rYice of the United St>'tes during time of war,
JOURNAL OF THE SENATE
and shall have been Tes id en ts of this State p1for to J anu­ary
1, 1927. (Sec. 2, Art 9, Const. of A1"'izona, adop. by
refo f'Tov. 6.i 1928).)1
57
The motion was agreed to, and the amendment was adopted.
The Chapter wa.s ordeTed engTossed, and was referred to the
Connnittee on Enrolling and Engrossing.
Mr. Hill fooved that the Senate stand at recess until 2 o'clock,
p. m. The mution was agreed to, and (at 11 o'elock and fifty-eig·ht
rr1inutes, a. 1n.) the Senate stocd at re·cess.
AF'TERNOON SESSION
The President pro tern called the Senate to or,Lc,r at 2:25 o'clock,
p. rn.
CHAPTERS S7 TO 109 INCLUSIVE, PENAL CODE
Mr. Favour, for the Committee on Judiciary, reported Chapters
97 to 109 inclusive, of the Penal Code, with the recommendation that
the Chapters be adopted as revised.
The report, together with Chapters 97 to 109, was placed on the
Calendar under the head of Orders of the Day.
CHAPTERS 111 TO 137 INCLUSIVE, PENAL CODE
Mr. Favour, for the Committee on Judiciary, reported Chapten;
111 to 137 inclusive, of the Penal Code, with the recommendation that
the Chapters be adopted as revised.
The report, together with Chapters 111 to 137, was pl.aced on the
Calendar under the head of 01·ders of the Day.
MESSAGES FROM THE HOUSE
Messages from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had adopted the following
Chapters:
Chapter 23, "Eminent Domain," with certain amendments.
Chapter 19, "Deeds and Conveyances," with certain amend­ments.
Chapter 6, "Assignment for the Benefit of Creditors." with cer­tain
am.endments.
Chapter 47, "Limitations of Actions."
Chapter 42, "Landmarks and Surveys."
Chapter 41, "Landlord and Tenant."
Chapter 40, "Juveniles and Child ·welfare."
58 JOURNAL OF THE SENATE
Chapter 39, "Juries and Jurors."
Chapter 35, "Insane Persons."
Chapter 33, Homestead and Personal Property Exemptions."
Chapter 28, "Fraternal and Benefit Societies."
Chapter 25, "Fees and Costs."
Chapter 4, "Adoption."
PROTECTION OF FISH AND GAME
A message from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had passed House Bill No.
3, entitled, "An Act requiring the issuance of licenses for the hunt­ing
of game and taking of fish of the State, reg·ulating and limiting
the seasons and the bag limits for such hunting and taking of fish,
and declaring an emergency."
House Bill No. 3, entitled, "An Act reqmrmg the issuance of
licenses for the hunting of game and taking of fish of the State,.
regulating and limiting the seasons and the bag limits for such hunt­ing
and taking of fish, and declaring an emergency," was read the·
first time by number and title.
Mr. Nelson moved that the rules be suspended and House Bill
No. 3 be placed under the order of business Second Reading of Bills.
The motion was agreed to, and the Bill was placed under the order
of business Second Reading of Bills.
House Bill No. 3 was read the second time by number and
title.
Mr. Nelson moved that the rules be further suspended and the
bill be placed under the order of business Third Reading of Bills for
today. The motion was agreed to on roll call, which resulted: Ayes
13, not voting 6, as follows:
Akers
Bettwy
Colter
Donnelly
Joyner
Sutter
Favour
Hill
Jones
Kimball
AYES
Kinney
Lyons
Nelson
Byers
NOT VOTING
Tl10,rnburg
Waters
Wills
Wylie
The President
House Bill No. 3 was read the third time in full. Th~ roll was
called on final passage, and resulted: Ayes 13, not voting 6, as fol­lows:
Akers
Bettwy
Colter
Donnelly
Joyner
Sutter
JOURNAL OF THE SENATE
AYES
Favour
Hill
Jones
Kimball
Kinney
1~yons
Nelson
Byers
NOT VOTING
Tl1ornburg
Vvaters
vVills
So the Bill was passed.
59
Vl,vlic
The President
The President pro tern announced the signing in open session
of House Bill No. 3, relating to the protection of fish and game.
CHAPTER 73, "STATUTORY CONSTRUCTION"
Chapter 73, "Statutory Constructi~n," ,vas placed before the
Senate.
Mr. Favour moved the adoption of the follo,wing amendment
recommended by the Committee on Judiciary;
Strike the entire Section 3046 after the heading,
and in lieu thereof insert the following:
"A person who at the time an act takes effect holds
office under a law by such act repealed, continues to
hold the office according to the tenure of the law repealed,
unless the duties of such office are expressly transferred
to some other office."
The motion was agreed to, and the amendment was adopted.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
Mr. Hill moved that the Senate adjourn until Friday morning
at 10 o'clock. The motion was agreed to, and (at 3 o'clock and forty­nine
minutes, p. 111.) the Senate adjourned until Friday, November

Click tabs to swap between content that is broken into logical sections.

Journal of the House of Representatives begins on page 350 of the document.

RIGHTS MANAGEMENT

Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution.

Arizona State Library, Archives and Public Records--State Library of Arizona.

Full Text

JOURNAL
OF THE
SENATE
oorn@~~
JUL 1 9 19 9
EIGHTH LEGISLATURE
OF THE
STATE OF ARIZONA
(5TH AND 6TH SPECIAL SESSIONS)
1928
CJ , ( . ~ c:,l,J •.
!i ",-c.J. 1·.- ul·', 11:: 1 :
': I ..... ~~'
List of Officers
addresses
Page Number
postoffic~
PART II.
Senate· Journal, 5th Special Session --------------------·-·--··----------------····
Monday, November 19 --------------------------------------------------·------···--·----------­Tuesday,
November 20 ----------------------,----------·----------···------~-----··-------·
Wednesday, November 21 -----------------------·-----------·-····-·-··--··--···-----------­Thursday,
November 22 --------------------------------·-···-··-···--·----······--·······----
Friday, November 23 __ : ______ ·-··------------···----·········------···········--·,·--···-···
Saturday, November 24 ------------·-------------··--·------····-··•·--····--··········-···
Monday, November 26 ______ -------------------····------··-·-·-·····-········-····-···········
Tuesday, November 27 ------····--------------------···---······-·········-············--·
Wednesday, November 28 ---------------------------------------·-···-----·····-·····--·-·
Friday, November 30 -----------------------·--···-----------··--···-··-··+--··········-······
Saturday, December 1
Monday, December 3
Tuesday, December 4
5
7-232
7- .16
16- 20
20- 34
34- 38
38- 41
41- 44
44- 47
47- 54
54- 59
59- 66
~7- 74
74- 83
83- 88
Wednesday, December 5 -----------------------------------·-······-···-------········--·· 8"8- 99
Thursday, December 6 -------------------------------·-··-····---·-···-····---------····------ 99-112
Friday, December 7 ----------··-------···-----·--·-···········;----········-----·--··-·-····-··· 112-120
Saturday, December 8 ·----··----·-·-·-----------------·---·····--·---·-··-···-········-··--·---- 120-121
Monday, Deceml::er 1() ----------------------·-----·--····-----·-····--······---.,·-··-------- 122-136
Tuesday, December 11 -------------------------·········---·--·--··--·--» .. ---·-----------·--·- 136-146
Wednesday, December 12 ------------------------------·--·--·-·--·-····--------.,------···· 146-153
Thursday, December 13 --·· -----------------------.-----------------·····-·······-··-··--·-··· 153-161
Fl"iday, December 14 _ ··--·--------··-·········---·-········-···-···············-··"'·····---- 161-169
Saturday, December 15 .. ., ________ -··----·--············--.---·-·-·····.,·-··"'·-·····--- 169-174
J\/fonday, December 17
'Tuesday, December 18 ___ ---·- -------------------------·····-···----·-···-··---------.. ·····
Wednesday, December 19
Thursday, J)ecen1 ber 20
174-1.80
180-186
:186-187
187-Hlli,
194-2()9
21()-2}/,
Page Number
PART III.
Senate Journal, Sixth Special Session -------------------------------------------- 233-245
PART IV
{Chapter) Index to Senate Journal, Fifth Special Session _______ 249-341
(a) Chapters, Numerical Index ·····-····---·······----·····-·-······ 249-253
(b) Chapters, Subject - Index ····---·-···········-········-···: .... :. 253-261
( c) Chapters, Record Index -----·----·······--······------···'······-··· 261-341
PART V.
Index to Senate Journal, Fifth Special Session -······-·····-···': .. ___ :.: .. '342-344
(a) Bills, Numerical Index ··---········--·-··----·····--········--:: .. ' 342
(b) Bills, Record Index -······-·-···-·-············-·············:.JXECU'l'IYE OFI..ssary by contradictory statutes, duplication, amendm•mt and , ope.al-;;
and ·
WHFJREAS, '.fhe Code Comn;iissioner and the ·LegiRlative Code. c·o;,,mitJ'l.'i,·
have reported to me that the pr111ting of the work has h ~en completPil an,f
eorrected ,uHI proof-read, and tha.t it is now ready for legislativ,i acthm; lltd
WBEB.EAS, The Leglslstlv!J Code Committee directs my attention lo :U,.,;,.
JOURNAL OF THE SENATE
I ,
ract that the members of the House of Representatives who served on the Com­mittee
will not be members of the Ninth Legislature, and that ! herefare no
members of the House of ':Represent,atives in the Nilllth 1 :r,gislature will be
familiar with the work which has be;,n accomplished; and the committee has
recommended to me that a special session of the Eighth , Ltjgislature be convened
to enact the revised code; and ' ' '
WHEREAS, The Madcopa County Bar. Association has adopted a resolu­
·tion setting forth the advisability of the vuork of revising the code !wing com­pleted
by the Eighth Legislature; and
WHEREAS,, The Pima County 'Bar Association ·;h~J pe~itioned th~ (;cv­.
ernor "that this association respectfully requests the Governor of the :-ltate of
Arizona· ,to call the 'present Legislature into special ~.de revision, the re.
vision of the salaries of State officers and a small appropriation to defray afldi ..
tional e,nix, thP C1:ipitol of, Arizona, at tr-n o'clock
on the n1orning of l\fotiday, Nove1nher 19th, 1928, for the purpose of:
A. 'l~o
Arizona;
enact legislation to reYise the ci"V"il and ,)ei.~al .codes·-the Ja,vs of
B. To revise the salaries of the Secretary of State,' :the' State Treasurer,
the State Auditor, the Attorney General, the Superintenclent of Public Inst ruc­tion,
Nie· Corpora_tiou Co1.nrni8sion the l\fine Inspector:, ,.tp.~ State Tax .Corr1-
--1nissio:ri,· and the, judges of the Superior .. Courts; 1 • ~; r,I, , :
C. An appro1iriation for the Governor's continge'nf · f'u~ll;
DIard of E.
R. Byers of Williams, to fill the unexpired term, said certified copy
being as follows:
OF .B'ICIAL i.\UXUTES
•)ffit','"' 6f· :the Board of Supervisors, Coconino County, November n, rn2s.
Motion by Waldhaus, seconded by Taylor that the recom­mendation
of the Republican Countr Committee to nominate E. R.
Uyers of 1Villiams as State Sena.to'have to deliver.· i·:;, : .: ..
, ),,: i I::,~ , :, :. ; ' , ; I \
Mr. Colter moved that the President appoint a committee to
notify the House that, the Senate ifi,Jit\>.$~ssion, and;, tpgiethe11 with the
House committee, to wait upon the Governor. 'l'he motion was agreed
to. THe' P\-esident ''appointed 'Mt. Gcilter ':ihd l Mr,, J ciyner . a's'' such com-mittee."
:.;1 ::.•, ·,: \: ,,,,,.,;, ::
•;,d:,
'By unanimous consent (at 10 o'clock and forty-five minutes,
.a. m.}, the Senate stood at recess, subject to the call of the gavel.
· .. 10 JOURNAL OF THE SENATE
The Pr~sident called the Senate to order at 10:59 o'clock, a. m.
The cQmmittee appointed to meet with the committee frC)m the
House of Representatives reported that the Governor would deliv.er his
message to the Senate and the House, in joint session; at 2 o'clock;. p. m.
By unanimous consent (at 11 o'clock, a. m.), the Senate stood at
recess until 2 o'clock, p. m.
AFTERNOON SESSION
The President called the Senate to order at 2 o'clock, p. in., and
announced that the Senate would meet with the House of Representa­tives,
in joint session.
At_ 2 o'clock and four minutes, p. m., the Senate stood at reeess,
and the members proceeded to the House Chamber.
JOINT SESSION
The Senate and House of Representatives assembled in joint
session at 2 o'clock and fifteen minutes, p. m., in the House of Rep­resentatives
Chamber, the President of the Senate in the chair.
The Secretary of the Senate called the roll of the Senate and
the following Senators answered to their names:
Akers Favour Kimball Sutter
Bettwy Hill Kinney Thornqurg
Colter Jones Lyons Wills
Donnelly Joyner Nelson Wylie
The President
The Chief Clerk of the House of Representatives called the rolJ
of the House, and the following Representatives answered to their
names:
Abell Hamblin Morgan Peters
Allen Hannon (Pima) Pickett
Brooke Holub Murphy Rhodes
Bush Ivy McCormick Richards
Carr Jones McQuillan Rogers.
Cowperthwaite (Maricopa) Nelson Rosenb.aun'l. .
Coxon Kennedy Newton Slipher
Decker Kimball Norton Walker
Finch Ludden Norviel Wisener
Francis Mahon Orme Williams .
/Gibbs Morgan Oxsheer The S~eii:k;,;.; .. ·
Griffin (Cochise) Patton
COMMITTE;E TO NQTIFY GffV:EJt;NOR
Tlie President designated Mrs. Ivy, Repteseiifative 11-onl"WliWi­copa
county, Mr. Gibbs, Representative from MaricoJ)a county, and. Mr.
Jones, Senator from Maricopa county, as a committee to notifw tb-e
JOURNAL OF THE SENATE 11
Governor that the Legislature was convened in joint session, and to
i;iscott the Governor to the House Chamber.
THE GOVERNOR'S MESSAGE
The Sergeant-at-Arms (at 2 o'clock and twenty-five minutes,
p. m.) announced His Excellency, the Governor .of Arizona, George W.
P. Hunt, who delivered the following message:
Mr. President, Mr. Speaker, Members of the Senate and House of Repre'eiell-
1 atives:
The revision of the Code is a. monumental undertaking and respon::dh;_IH.r.
The utmost .care should be given to its consideration.
I believe that the Code Con1missioner, and the Legislative Co111111itt(\e ·l/hit-h
has checked his work, have conscientiously performed their labors, l,ut lhn
possibility and .p~o_bability of error ne-cessarily exists, and the duty dt.•Yoi n!.s
upon tbe Legislature to examine carefully and scrntintze every .::-lL·etiou a~
revised.
I urge the greatest caution on the part of the Legislature ~n din< :~m­portant
work, anct that the Con1111ittee and Legislature aH a whohJ, ,vork tiK­J){,
ditiously and cautiously so that the work may be finished within llte Unw
limit,
In · revising the Code, it is not the intent to change legi8lution. .I an:1
therefore under the impression that the provision contained in the Revis,HI.. (;Hie
of Laws of the United States, is an excellent idea and should be ,ulapr,,l
been revised since statehood. All other salaries have gone Up, both in 1n1bHc
.and private life.
The legislative situation which makes men ineligihle for puhlic offit,,,,
the emoluments of which have been increased ns the .result of. their ."o.tn a11!1
activity, has militated against remedying this situation. I believe thi,;'''s1,,,­cial
session is an ideal time to correct the condition. I, therefore, 'urg11 '.ln.)M«
office. The present speeial session will entail additional e,cpens'.tremely b11sy ptiUl'rig tlw
tec.ords of the. office in shape to turn over to my successor. ·
' . As I base ;rniiited out, the re,•ision of the Code places a irei!.t w;pJn~,(1Ht­ity
upon the legislature. I feel an equally heavy responsibility is lllaced 1ipo«
the_ exe.cutlve department. The duty h,cumbent. upon the Governor to chec.,
'!)ach act passed ,bY the legislature, makes his responsibility equal to that of ~h;,
iegislatare. l must have some expert legal assistance to do this h~.a1t.'!t> 'th1>
12 JOURNAL OF THE SENATE
task is too great to be undertaken by me alone. I would not feel warranted
in signing measures of such great importance unless they had been J,roperly
gone over and carefully checked.
'l'li~,,~: 'ii.I'e bills that must be met, for which l cannot draw upon·: the next
{tuarte1\ '·:'as I' w.oliid tlo were I to- continue in .office. 'rhe-refore, I req:1cst . hn­mediate
consideration of a bill to make an appropriation available for the Gov­t:
n·nor'H offke, :-;u that Wf' may properly perforn1 the additiollal du.ties which
this spef:ia.l ,session will rμake incumbent upon. ~s.
COLORADO RIVER
'.l"he c·o1ulition which confronts the State eonce~ning the development of:·
the Colorado River is criticaL I urge the legislature to adopt another memorial
to Cong'rrniH, :-:;ett1ug· forth the ,riew::; of the li.~gislat.urf~ on this very itnportan~
question.,,
rrl~~i .. Cvlora,do River Conunission has had ·a 1neeting at which .Judge
Phillips, l\Ir. Gust and Senator Hayden were present. r.rhere we:re no {·hanges
suggested regarding the policy which the ~\rizona Colorado River Commi.ision
auopti:1h:Witl• .. reference t:o_ the contention_s of our State.
~'lif·,_C:hlllinisSi~Ji .. -is_ ·go~ng to carry on1 . and do, every~hi13:g in· its power to
conserve the interests of .Arizona. The legislature should encourage and support
in every way possible our Senators and Congressmen, and the .Arizona Colo­rado
R,\ver Commission, upon whom devolves the duty of opposing the unfair
Jegislatic,,,I\ n\>W pending in the United States Senate.
CODE REVISION
E~:rn'e.sentative Gibbs of Maricopa county introduced th~ follow­ing
re~8lution:
\V;If:1<1IPDAS, the revrn1on of the Arizona Code was authorized by Chapter
B5, Sel:l$~PA ,-l.41.ws of 1H25,; au(l
,,r1iritnEAs, said re\riSio·n h~as been completed and a report thereof sub­n1itted
by the Colle- Com1nission appointed under and by the authority of said
Act; ao;,i ,,.
,,\IE'i:tii(~{s, under \11e terrns of Chapter 31, Session Laws of the -1.th ~P.e­('
ia.1 SPs~io11. J,Jip;hth Leg-islntnre. the :-mid report has heen ~crutinized by a
Legislativ' .1n11}:/1,u,r;
llhle changes m fhe law WlE('~l.,flI~gl\l: ,be .• sul\"gesteq.~ · !:!ow,, tp..h~~or,t, .. ,,.i 1 ',',..
BllJ .I'l' RESOLVED, That it is the sense of the Senate and Honl'c of
Represeiif'~'ii\r;~ 'of t11e'·Eightl1 Legislature, in Joint' Session 'b'.s'sembled, tinil.t coct·e·
revisio:i": ~Y' tlii' first 'ai:1d most important ,duty of tb'.is sPecial session; 1t111l be 1.·:
it furtf) ii! '?,f / ' ' i ' 1 ~ ' 1 •' , 1 '- : 1 d :
,•1ft, ,: ' .l l , , .',.~ ,) ~.:"I ~'.1, 1,HL·.::, .'
R1nS01'i\rlr:-: on thP Senato
f'Rlr~11,1:n :-;hRU l)p :1ctecl 11110n in tlu• or<1C'r in whieh thl'y ilPPE'ar thereou. 1'he
report of the c01nn1ittee shall fil'st be Tead, and in the ah~enee of ohjectio11s,
ma,• he adopte>d ~s a whole. If there l>e objeetion, the ehapter shall he read
se-ction hy section, unless the Senate Hhall t1Peide to dh;pense with the- re.a.din.:~;
0f any portion. Upon tl1e T SESSION
The President cailed the Senate to order at 2 o'clock p. m.
BURT CLINGAN
The President laid before the Senate a message from the Gov­ernor,
which was read, as follows:
'110 }Ion. ::\Iuifrin1 "'i,-,-{h.isoi·. President
a1ul
J\lcn1bers: of the I1Jighth State Le1,d::-;latnn: 0£ Arizoua,
Gcntle1nen:
This is to a{]Yise you that UlHh'r elate of D-ece·rnber 2-t, lD.:27, I
a1Jpointed l\Ir. Burt Clingan a:s u n1ernlH•r of the Inc1nsb·ial t\Hnn1is­sion
of Arizona, for the tenn he-ginning ;ranu::n,v J~. 1928, anil eufl­ing
January 12) 1934.
~l'his appointn1ent is sulnuitted to you for yonr ap1n·oyal and
confinnntion.
Yny respectfully,
(Signed) GroJ·g;e VY. P. Jiunt,
Gove-rno:r.
The nomination was referred to the Committee on Labor and
Capital.
REFERENCE TO CO.MlVIITTEES
The President refel'red chapters of the Code to standing com­mittees
as follows;
Chapter 51, "Mines and Mining," to the Committee on l'vlines and
r.!Iining.
Chapter 52, ''M:Ol'tgages and Pledges," to the Committee on Banking
and Insurance.
Chapter 54, "Notaries Public and Commissioners of Deeds,'' to the
Committee on Judiciary.
Chapter 56, "Oil and Gas," to the Committee on Mines and Mining.
Chapter 58, "Professional and Business Pursuits," to the Committee
on Methods of Business.
Chapter 59, "Public Buildings,'' to the Committee on State Institutions.
Chapter 60, "Public Finances, to the Committee on Finance,
Chapter 61, "Public Health,'' to the Committee on Public Health.
20 JOURNAL OF THE SENATE
Chapter 62, "Public Printing and Publication of Notices," to the Com­mittee
on Methods of Business.
Chapter 63, ''Public Records," to the Committee on Methods of Busi­ness.
Chapter 65, "Salaries of Public Officers," to the Committee on State
Institutions.
Chapter 66, "Sales," to the Committee on Judiciary.
Chapter 67, ''Sales Under Conditional Contracts,'' to the Committee
on Judiciary.
Chapter 68, "State Examiner," to the Committee on Methods of Busi­ness.
Chapter 70, "State Institutions," to the Committee on State Institu­tions.
Part 3, "Courts and Civil Procedure,'' to the Committee on Judiciary.
Mr. Colter moved that a copy of the minutes of the Senate be
placed on each member's desk every morning before convening. The
motion failed for want of a second.
Mr. Akers moved that the Senate adjourn until tomorrow at 10
o'clock, a. m. The motion was agreed to, and (at 3 o'clock and twenty­one
minutes, p. m.) the Senate adjourned until tomorrow, VVednesday,
November 21, 1928, at 10 o'clock, a. m.
DOROTHY BURTON COLTER,
Secretary.
MULFORD WINSOR,
President.
VVEDNESDAY9 NOVEMBER TWENTY-ONE
The Senate met at 10:39 o'clock, a. m.
Rev. E. E. "V\Tilliams, Chaplain of the Senate, offe.red prayer.
The roll was called and the following Senators answered to
their names:
Akers Hill Lyons Wills
Bettwy Jones Nelson Wylie
Colter Joyner Byers The President
Donnelly Kimball Sutter1
Favour Kinney Thornburg
THE JOURNAL
Mr. Donnelly moved that the reading of the Journal of Tues-
JOURNAL OF THE SENATE 21
day, November 20, 1928, be dispensed with. The motion was agreed
to, and the Journal was approved.
CODE REVISION
The President laid before the Senate a communication from
the Governor, transmitting the final report of F. C. Struckmeyer,
Code Commissioner, together with copies of a letter received by him
from the Legislative Code Committee under date of August 7, 1928,
his reply thereto, and copy of letter from the Legislative Code Com­mittee
dated November 6, 1928, as follows:
To U1< 1 PrP:-:id011t of the Senate
nf tl1e Eighth Ll1 giRlatun, of ~~rh~o1ia.
Fifth SpP Code:
('nrnrnith-•P 1!f SPvcnt11 Leμ:i:,lal Ul't' (Chapter ::i;;, Law:-; 1B2J) ercated the office of
(•(;,1P Conunil-rnio111:.'r. t.lw Comn1ist-:,ionpr tu )l(' apvointed l,y you ·with tlw adYiee
o( thP ~Pn_ute. Pursuant t.o such ac:t., you ~a,v fit to appoint the u1Hh~r_Nig·m::)ti
a.0. Cod(-\ Co1111nis:-:ionp1.·, and hi~ appointment "'aH ('Onfi.rnJt·fl hy th(• B1•1n1tP.
Aftc-r (Inalifying as Cu1nn1issioner, I t:'ffll"re1l upon thP lll'rfonnarn·p of the
tlutlxistiug- law:-;, but shall har1nonize· where neees~ary, ret·k to hring· uhout a tl1orou1.!.·l1 l'PYis-i.on and
(' art~ of tlH· Ki.g;hth L(-'_g-h;laturP. 'l1he aw the hi-
22 JOURNAL OF THE SENATE
{:Ju::;ion of the :.-it.'t:-; of the Eighth Legislature. and the cu-ordinating, ·squaring
:a1lr legiRlatio11.
The LegiBlatiYe Co(le Committee c-r,_.ate(l hy the act thercafte1· 1uet aw..l
ton1rnent·etl itR labor in aeeunlanee with tht• aet. all of which is 1nade furtht.•l·
to apvear by the report of the Legi~latiYe Code Conunitt(•e ht•retofore trnu~­:
n1ittc<1 to you by that Co111111ittee.
l~})On the (:011111leiion of the joint "\Vork of the Code Con1111ittee 'and tile
i!UH1ert-iignetl, the- Code Com1nittee, b:r a1Hl vvitl1 your a1)pr0Yal. t-nterccl into a
,eontr t< t vvith the l\Ianufactul'inp; Stationers, of Phoenix, {or the printing of the
}Hlvarn·p :-;he-et:-; and th etHlifh·ation ancl rPvision of thP Htatute law of ...:.i.rizona. Noth­ing
]urn Leen takPn fron1 nor nrPating the ro1nrni:-;i;:;ion, to '·llar1nonize when neceNs:n-;v,
n~du :-;u1ne art:'. i'nund
to exist.n
T'lw (·o,1ifiLhH'tion nf Htuphu; Yerhiagt> and the hannonizati.nn of conflicting- law~.
If P·nw.:tc•d int·o lflw a1ul. vnl,>li:-:1wd as 1n·oyitled b;r the contract, the sa1ne 1nay
lw nuhlii-;hed in one yolurne totaling approxin1ately 1400 pagt.,.s, inclusive- of the
index, annotations, I1,pderal an,l Htate f'on:-;titutions. Enal)ling- Aet nncl tht:•
]1€'(.'t-•s:-:;HI':',' }larb; of thP rrreatit:-'S ,vith ~fexieo.
Tht' 11(·luHinn,' I also wii-;h to exJ1rcHR my appre('iation of the C'an1-
e:-:.t ,IaJwr of t1,e L0~2:il'3la.tive- Code C,0n1111ittet', ancl particularly to se·nators Fred
Sutter, A. II. laftp1• hut r1:>1nai11~ thP mattt:'r of final 1n1hlica­tfon.
annotation, ind.y Con1vany
of t-;a n Fn1neiseo. The prohlen1 of entletn1ent alone re1nainK, anti we herewith
respectfully sub1nit our recomn1endationR with respect to this final n1atter,
to-wit·: \V,_-': helieYe t.lrnt it iB, a. 1nattt,>r of . .1,ra,c:tkal. irnpoHt--.ibility to l1J'n:-; tl1P111 fron.1 tle,·otiug their ~xelui-dve attention to a 1'5iJ1gle piece of
24 JOURNAL OF THE SENATE
constnH'Uvc ,vork. ~t'hp tiuic allowed for a 1·1;-•g·ular KPHSion ,voul1l B(~t'l'1'Nitat.f':
tk1Yoting half of tlri.H period te, the Code llevision a!one, leitvin.g: the other
half oC the leg-islat.i.vp ti111e for all otht~r State nmtters, whiC'h is inadequatP- to
the f'Xt('llt that tlw e·d.
'i'hi.:s Jath-1r ~ituation 1n·e:-ie11t:-- a ~t~l'iou:-; tlwn_.. 1,vill lll· a v~ry
::-;u1n.ll per('eutag;e of old Hternllt'l'H ,vho 11:lH-' :-;er\'('d i11 thl' vri,n· lt>;.:;i~latrn'P·.
The f·ntire r:,uLjeet ,vill he lH'.\V to the 1wvv le~:hdntnrP, w.hirehew-,iYdy done,
,vithout the lH:>11t•fit of the knowledge of the fonner legbdature or the Legisla­t.
ii:t' Committee tl1at ha!-i ~1-H-'Ut HliH'P thau ~ix 11wuthd u.f inteu:-.iYe ,vork upon
tlu, reyL;iou. Tlle vreNc•nt Coth: C\:1nmitt.Pt~ ·will 1wrha11s eea:-;e to 'funetion Dt~­l't'llllH
·l' :nNt 11pxt. and a nP,v kg·islaturP ht-' .:1Pl).riYPt1 nf thP :1-f' lro1n
L~ad1 Honse. lu1.ve de\·utPd tlH'il' inteH:-;in.• labor Lu the -xplaill any niatti._~r that ean lll:' raif.w(l lly query a1u1 , r lPg-i::,:]aturt\
·who V{onl11 haYc h) dupHctttP tll(' v\'m·k that lurn lleeu doll(' in tht' p1·c:.~Pnt leg­hdai
ure :11111 by the effort:-: of thr• Co111rr1ittflL'. ~n1ert• iR no 1·ea:-:on i;d1y. a HlH:'­
·dal .Hl':-iNion of the L,,;;·it-;lature Hitting- .l:'01· thirty clay~ ('Y(•ut n spc,z-ial
:-:1•H)".ion of tlw l(•g;i~l.1tu1·e :-:,lionltl hP callP(l that. no matt.t·,r;; othpr· thau tht• ·1;·11-
af'tmP11t <1f th(' c·Odl\ l'P\'iKiim a:-: th(• :-:auw ha~ hPPn 'tnruPd on\r
l,y tlu• CodP Co111mi:-:siotH'l', the Con11nittPP having-· snti:-it'i1•1l it:-:Plt' that tl~c
n'YiBion rcprP~·W1lt~ till' ,·pry ldg·hp:-:t 1nprjt antl ha~ prodll('PrrntP (;om­mit"
t_t'P nwy rPtnrn. 'This pn•t-::Pnts a n1attt•r of grpat (lift'ieulty, iff t.hat. :,;.h1.i1ll,1l
th(-' C'\iil'-' l'PdKion go oi.:pr to . r1w Yl11th LP:.rif:lHtun• 1'01· pn;u•tn.wut, O!li' Hon-.;P
·will liayp· tlw H -..v,q•l . .;: of thl' Con1111itiPf" a11 \'Pl'Y :.d:111 Lu lln,·,, hin1 wak(.~ any n· T. Bn,lt,
~l-'l'l'l-'t::ll.ry
Harry J,~. l'kkt-l>s
I,1_,g·h..:IntiYP t'o,l(' l'tlllllllittl't'.
l 1 hot>11ix. Arizona
...--\.nμ:u:-:t '.2:~. :W~8.
J a111 i11 l'('('Pipt of tlit- l'qlort of th(' legh;Jn1 iYP ('(Hll' 1.·on1t11iUPP. :-:lgnt·d
Ynnr:-:t•lf. a:-; d1ni1·rna11. and till· foll_o,vin!!,· a:-: 11H'lllllPl":-;: IIarry E. Pi1·kPtt. A.
} ·work oi' ('o!le Com­:
mLi..:::,:im1ct· Stnwk11H'Y ('on11nisHionpt,
and in 1Jn-"pari11g- tlH-' YoluIHiuou;-; mattry truly your~,
(Sig-ne11) Gt-org-P ,Y. P. I-Innt,
(;(lVt'l'UOl".
The communications were ordered filed.
REFERENCE TO COMMITTEES
The President announced the following references to standing
cornmittees:
Chapter 53, "Negotiable Instruments," to the Committee on
Banking and Insurance.
Chapter 55, "Nuisance of Bawdy Houses," to the Committee on
Municipalities.
Chapter 57, "Partnership," to the Committee on Judiciary.
Chapter 64, "Real Property," to the Committee on Judiciary.
26 JOURNAL OF THE SENATE
Chapter 69, "State Historical and Pioneer Historical Society,"
to the Committee on Education.
Chapter 71, "State Lands," to the Committee on Public Lands.
Chapter 72, "State Library and Legislative Reference Bureau,''
to the Committee on Methods of Business.
Chapter 73, ''Statutory Construction," to the Committee on
Judiciary.
Chapter 74, "Suretyships," to the Committee on Judiciary.
Chapter 75, "Taxation," to the Committee on Finance.
Chapter 76, "Townsites," to the Committee on Municipalities.
Chapter 77, "Trusts and Combinations in Restraint of Trade,"
to the Committee on Judiciary.
Chapter 78, "Uniform Legislation," to the Committee on
Judiciary.
Chapter 79, "Veterans' Aid," to the Committee on Public De-fense.
Chapter 80, "Warehouse Receipts," to the Committee on Methods
of Business.
Chapter 81, ''Water, Irrigation and Drainage," to the Committee
on Agriculture and Forestry.
Chapter 82, "Weights and Measures,'' to the Committee on
Methods of Business.
Chapter 83, "Wills," to the Committee on Judiciary.
Chapters 97 to 139 inclusive, constituting Part 4, the Penal
, Code, were referred to the Committee on Judiciary, and further ref­erences
of certain chapters of the Penal Code were made as follows:
Chapter 99, ''Crimes against the Elective Franchise," to the
Committee on Suffrage and· Elections.
Chapter 105, "Crimes against Public Health and Safety," to the
Committee on Public Health.
Chapter 107, "Crimes against the Revenue and Property pf the
State," to the Committee on Methods of Business. ·
Chapter 110, "Crimes by and against Stockraisers," to the.. Com­mittee
on Live Stock.
Chapter 111, "Miscellaneous Crimes," to the Committee on Labor
ap.cl the Cal­endar
under the head of Orders of the Dity.
CHAPTER 62, "PUBLIC PRINTING AND PUBLICATION OF
NOTICES"
Mr. Hill, for the Committee on Methods of Business, reported
Chapter 62, "Public Printing and Publication of Notices," with the
recom:mer,dation that the Chapter be adopted as revised.
The report, together with Chapter 62, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 72, "STATE LIBRARY AND LEGISLATIVE REFER­ENCE
BUREAU"
Mr. Hill, for the Committee on Methods of Business, reported
Chapter 72, "State Library and Legislative Reference Bureau," with
the recommendation that the Chapter be adopted as revised.
The report, together with Chapter 72,, was placed on the Cal­endar
under the head of Orders· of the Day.
CHAPTER 68, "STATE EXAMINER"
Mr.· Hill, for the Committee on Methods of Business, reported
Chapte.r 68, "State Examiner," with the recommendation that the
Chapter be adopted as revised.
The report, together with Chapter 68, was placed on the Cal­endar
under the head of Orders of the Day.
APPROPRIATION FOR OFFICE OF GOVERNOR
House Bill No. 2, entitled "An Act appropriating the sum of
Tvrenty-five Hundred Dollars for the contingent fund for the of­fice
of the Governor, and declaring an emergency," was read the first
time in full.
M.:r. Donnelly moved that the Yules be suspended and the Bill be
placed under the orde1' of business Second Reading of Bills. The mo­tion
was agreed to.
House Bill No. 2, making an apprnpriation foT the office orf the
Governor, was read the second time, by number and title.
Mr. Donnelly moved that the rules be fuxther suspended, and
the Bill be placed under the .order of business Third Reading of Bills,
for tod;iy. The rnohon was agreed to on roll call, which resulted:
Ayes 15, not voting 4, as follows:
JOURNAL OF THE SENATE
Bettwy
Colter
Donnelly
Hill
.Akers
Joyner
Kimball
Kinney_
L~7011S
Favour
AYES
Nels on
Byers
Sutter
Thornburg
NOT VOTING
Jones
Vvil1s
'Wylie
The President
Vf a tern
the
House Bill J\r o, 2, making an appropriation for the office of
was react the thfrd time in full.
The s:oJl ,,,-vas called on f'inal passage, and Tesulted: fa_,_yes 15)
J.tot voting 41 as :fo1lo\vs:
Bettvvy
·Colter
.Donnelly
Hill
Akers
Joyner
Kin1b2.ll
Kinney
Lyons
Favour
Nelson
Byers
Sutter
Thornburg
l\:OT VOTING
Jones
So the Bill vras passed.
Wills
Wylie
The President
The Presid9nt azmounced the signing· ill open session of House
Bill No, 2, making an appropriation for the office of the Governor.
lVIr. r-nn 1110"VSd that the Senate until tomorrov,r morn-ing
at 10 o'clock. The motion was agreed to, and (at 4 o'clock and
ten minutes, p. m.) the Senate adjourned 1.nrtil ton1orro·1N, Thursdayjl
~November 2:2, 1928, at 10 o'clock, a. m.
D0It0TI1Y BUR'TO:t-J COLTER,
SecretaTy.
MULFORD WINSOR,
P:reside11t.
The Se11ate met at 10:34 o'clock, a. m. (ML Donnelly rn the
:;::hair)
Rev. E. E. Vvillams, Chaplain, of the Senate, offered :0mi.yer.
JOURNAL OF THE SENATE 35
The roll was called and the following Senators answered to
thefr names:
Bettwy Hill Kinney
Colter Jones Lyons
Donnelly Joyner Nelson
Favour Kimball Byern
THE JOURNAL
Mr. Nelson n10ved that the reading od'
day, November 21, 1928, be dispensed with.
to, and the Journal was approved.
Sutter
Thorntu1·g
iVills
T//ylie
the Journal of VVednes­The
1notion \Vas agTeed
CHAPTER 138, "STATE PRISON"
Mr. Donnelly, for the Committee on State Institutions, re­ported
Chapter 138, "State Prison," with the recommendation that
the Chapt8r be adopted as revised.
The report, together with Chapter 138, 'NHS placed on the Cal­endar
under the head of Orders od' the Day.
CHAPTER 139, '\TAILS"
Mr. I1onneliy .. for the Committee on State Institutions, repmted
Chapter 139, "Jails," with the recommendation that the Chapter he
adopted as revised.
The report, together with Chapter 139, was placed on the Cal­endm
· under the head of Orders of the Day.
CHAPTER 52, "MORTGAGES AND PLEDGES"
Chapter 52, "Mortgages and Pledges," was placed before the
Senate,
Mr. Akers m{Fved the adoption of the following ::,,mendments
recommended by the Committee on Banking and Insurance:
Section 2334, line 16, after the word "county" add
the following: "not less than ten days before the date
of sale."
Section 2337, line 12, after the word "county" add
the following: "not less than ten days before the date
of sale"; line 24, after the word "pledges," add the fol­lowing:
"The facts of the sale may be evider1ced as pro­vided
by section 2335 of this chapter."
The motion was agreed to and the amendments were adopt,ed.
The Chapter, was ordered engrossed and was :reforred to the
Committee on Enrolling and Engrossing.
Mro Akers moved that the Senate stand at recess until 2
36 JOURNAL OF THE SENATE
o'clock, p. rn. The motion was agreed to, and (at 12 o'clock and eight
minutes, a. m.) the Senate stood at recess.
AFTERNOON SESSION
The President pro tem called the Senate to order at 2:10
o'clock, p. 111.
·w. R. V{ A YLAND
The President pro tern laid before the Senate a communica­tion
from the Governor, which was read, as follows:·
N overnber 22, 1928.
Hon. Mulford 'Winsor, President,
and
Members of the Senate of the Eighth State Legislature,
Phoenix.
Gentlemen:
This is to advise you that I have this day appoint­ed
W. R. Wayland as a mewber of the State Highway
Commission to fill the unexpired term of Harry Thomp­son,
resigned.
This appointment is submitted to you for your
approval and confirmation.
Respectfully,
(Signed) GEORGE W. P. HUNT,
Governor.
Mr. Sutter moved that the communication be considered in
Executive Session of the Senate. The nrntion was agreed to.
EXECUTIVE SESSION
Mr. Sutter moved that the Senate resolve itself into Executive
Session. The motion was agreed to, and (at 2 o'clock and thirteen
minutss, p, rn.) the Senate resolved itself into Executive Session.
The President prn tern called the Senate to order at 2:22
o'clock, p. m.
CHAPTER 59, "PUBLIC BUILDINGS"
Chapter 59, "Public Buildings," was placed before the Senate.
The Chapter was ordered engrossed and was referred to the
Committee on Enrnlling and Engrossing.
CHAPTER 65, "SALARIES OF PUBLIC OFFICERS"
Chapter 65, "Salaries of Public Officers," was placed before
the Senate.
JOURNAL OF THE SENATE 37
The Chapter was ordered engrossed, and was refenecl to the
Committee on Enrolling and Engrossing.
CHAPTER 70, "STATE INSTITUTIONS"
Chapter 70, "State Institutions," was placed before the Senate.
The Chapter was orrdered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 63, "PUBLIC RECORDS"
Chapter 63, "Public Records," vras placed before the Senate.
The Chapter ,vas ordered engrossed, and was refened to the
Corn.rnittee on Enrolling and Engrossing.
CHAPTER 62, "PUBLIC PRINTING AND .PUBLICATION OF
l·.YOTICES 11
Chapter 62, "Public Printing and Publication of Notices, wai,;
o1aced before the Senate,
The Chapter was ordered engro,ssed, and was referred to the
Committee on Enrolling and ~ngrossing.
CHAPTER 72, "STATE LIBRARY AND LEGISLATIYE ~EFER­ENCE
BUREAU"
Chapter 72, "State Library and Legislative Reference Bureau/'
was p1aced before the Semi,te,
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 68, "STATE EXAMINER"
Chapter 68, "State Examiner," was placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing·,
CHAPTER 138, "STATE PRISON"
Chapter 138, "State Prison," was placed before the, Senate.
lVfr. Favour moved that the Chapter be amended as follows:
Section 840, line 12, insert the word "with" between
the words "contractor" and "out."
The motion was agreed to and the amendment was adopted.
The Chapter was ordered engrossed; and was ref erred to the
Committee on Enrolling and Engrossing.
CHAPTER 139, "JAILS"
Chapter 139, "Jails," was placed before the Senate.
88 JOURNAL OF THE SENA'l'E
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 79, "VETERANS' AID"
Mr. Wylie, for the Committee on Public Defense, reported
Chapter 79, "Veterans' Aid," with the recommendation that the Chap­ter
be adopted as revised.
The report, together with Chapter 79, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 53, ''NEGOTIABLE INSTRUMENTS"
Mr. Akers, for the Committee on Banking and Insurance, re­ported
Chapter 53, "Negotiable Instruments," with the recommenda­tion
that the Chapter be adopted as revised.
The report, together with Chapter 53, was placed on the Cal­endar
under the' head of Orders of the Day.
Mr. Hill moved that the Senate adjourn until tomorrow morn­ing
at 1.0 o'clock. The motion was agreed to, and (at 3 o'clock and
twenty-four minutes, p. m.) the Senate adjourned until tomo:rrow, Fri­day,
November 23, 1928, at 10 o'clock a. m.
DOROTHY BURTON COLTER,
Secretary.
T. W. DONNELLY,
President pro tern.
FRIDAY, NOVEMBER TWENTY-THR~~
The Senate met at 10:23 o'clock, a. m: (Mr. Doi\nelly in the
chair).
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators answered to
their names: ·
Bettwy
Donnelly
Favour
Hill
Jones
Joyner
Kimball
Kinney
Lyons
Nelson
Byers
Sutter
THE JOURNAL
Thornburg
WyBe
Mr. Hill moved that the reading of the Journal of Tb.ursday,
November 22, 1928, be dis.pensed with. The motion was agreed .to,
21.d the J outnal was approved.
INVITATION FROM MARICOPA COUNTY WOMEN'S DEMO­CRATIC
CLUB
The President pro tern laid be:ro:re the Senate a communication
JOURNAL OF THE SENATE 39
from the Maricopa County Women's Democratic Club, extending an
invitation to the members and attaches of the Legislature to attend
their annual Guest Night Banquet to be given on the evening of Fri­day,
November 23.
INVITATION FROM WOMEN'S UNION LABEL LEAGUE
The President pro tern laid before the Senate a communication
from the Women's Union Label League, signed by Mrs. S. E. Hink­ley,
extending to the members of the Senate an invitation to be pres­ent
at a ball to be given in the Shrine Auditorium Saturday, Novem­ber
24.
CHAPTER 54, "NOTARIES PUBLIC AND COMMISSIONERS OF
DEEDS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
reported Chauter 54, "Notaries Public and Commissioners of Deed:,,"
correctly engrossed.
Chapter 54, "Notaries Public and Commissioners of Deeds," cor­rectly
engrossed, was placed before the Senate. The President pro
tern put the question, "Shall Chapter 54 be adopted as a part of the
proposed Revised Code?" which was decided in the affirmative, and
the Chapter was adopted as a part of the proposed Revised Code.
'!'he President pro tern announced the signing in open session of
Chapter 54, "Notaries Public and Commissioners of Deeds."
CHAPTER 53, "NEGOTIABLE INSTRUMENTS"
Chapter 53, "Negotiable Instruments," was placed before the
Senate.
Mr. Favour moved that the Chapter be amended as follows:
In Section 2426, line 4, of the printed Chapter,
strike the word "avoided" and insert in lieu thereof the
word "voided."
The motion was agreed to, and the amendment adopted.
The Chapter was otdered engtossed, and was referred to the
Committee on Enrolling and Engrossing.
CHAPTER 79, "VETERANS' AID"
Chapter 79, "Veterans' Aid," was placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
.Committee on Ei1rolling and Engrossing.
Mr. Hill moved that the Senate stand at recess until 2 o'clock,
p. m. The motion was agreed to, and (at 11 o'clock and twelve min­utes,
a. rn.) the Senate stood at recess.
40 JOURNAL OF THE SENATE
AFTERNOON SESSIONS
The President pro tern called the Senate to order at 2:22 o'clock.
p. 111.
CHAPTER 67, "CONDITIONAL SALES"
Mr. Favour, for the Committee on Judiciary, reported
67, "Conditional Sales," with the recommendation that the Chapter
be adopted as revised, with the following amendment:
In Section 2910, lines 21, 22 and 23, change the
won!s ''goods means all chattels personal other than
things in action and mm1ey" to read "goods mealls all
chattels personal other than things in action, money and
livestock.''
The report, together v,ith Chapter 67, was placed on the Cal·
.endal' under the head of Ordern of the Day.
CHAPTER fi,1, "REAL PROPERTY"
Mr. Favour, for the Committee on Judiciary, reported Chap­ter
6J,, "Real Property," with the recommendation that the Chapter
be adopted as revised.
The report, together with Chapter G4, was placed on thH
enclar ur:der the head of Orders of the Day.
CHAPTER 83, "WILLS"
Mr. Favour, for the Committee on .Judiciary, reported Chapter
83, "'.Vills," with the recommendation that the Chapter be adopted
as revised.
The rnport, together vvith Chapter 83, was placed on the· Cal­encfa.,:
under the head of Orders of the Day.
CHAPTER 77; "TRUSTS AND COMBINATIONS IN RESTRAINT
OF TRADE"
Mr. Favour, for the Committee on Judiciary, repoTted Chapter
77, "Trusts and Combinations in Restraint of Trade," with the recom­mendation
that the Chapter be adopted as revised.
The report, together with Chapter 77, was placed on the. ·Cal­endar
under the he,ad of Orders of the Day.
CHAPTER 74, "SURETYSHIP"
Mr. Favour, for the Committee on Judiciary, reported Chapter
74, "Suretyship," with the recommendation that the Chapter be
adopted as revised.
The report, together with Chapter 74, was placed; 'on the Cal­endar
under the head of Orders of the Day.
JOURNAL OF THE SENATE 41
CHAPTER 57, "PARTNERSHIP"
l'v1r. Favour, fo1· the Committee on Judiciary, l'eported Chapter
57, "Pa1·tnership," with the recommendation that the Chapter be
adopted as revised.
The report, together with Chapter 57, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 78, "UNIFORM LEGISLATION"
.Mr. Favour, for the Committee on Judiciary, repo1·ted Chapter
78, "Uniform Legislation," with the recommendation that the
be adopted as revised.
The report~ together ·vvith Chapter 78~ -was placed o:n the C'0Ll·~
endar under the head of Onlers of the Day.
I,11'. Thornburg moved that the Senate adjourn until
row morning at 10 o'clock. The motion was agTeed to, and (at 2
o'clock and twenty-seven :minutes, p. m,) the Senate adjourned mitiI
:C.or1(1017·01,,v: Saturday, 1'1 ove1nber 24, 1928, at 1.0 o'clock, a. 1n.
DOROTHY BURTON COLTER,
SecretaTy.
T, W. DONNnLLY
Presidellt pro
SATURDA NOVEMBER TVVENTYroF10UR
The Senate met at 10:21 o'clock, a. rn. (Mr. Donnelly in the
chair.)
Rev. E. E. Williams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senat~rs answered 't'o
their names:
Bettwy
Donnelly
'Favour
Hill
Jones
Joyner
Kimball
Kinney
Lyons
Nelson
Byers
Sutter
THE JOURNAL
Thornburg
Wylie
By unanimous consent the reading of the Journal of Friday,
November 23, 1928, was dispensed with, and the Journal was approved.
SEATING OF MR. AKERS
The Sergeant-at-Arms, at 10:25 o'clock, a. m., announced that
Mr. Akers, a Senator from Maricopa, had entered the Senate Ch:m1ber
and taken his seat.
42 JOURNAL OF THE SENATE
CHAPTER 69, "STATE HISTORIAN AND PIONEER
HISTORICAL SOCIETY
Mr. Kimball. for the Committee on Education, reported
Chapter 69, "State Historian and Pioneer Historical Society," with
the 1·ecommendation that the Chapter be adopted as revised.
The report, together with Chapter 69, was placed on the Calen­dar
under the head of Orders of the Day.
CHAPTER 80, "WAREHOUSE RECEIPTS"
Mr. Hill, for the Committee on Methods of Business, re.ported
Cha.pier 80, "VVarehouse Receipts," with the recommendation that
the Chapter be adopted as revised.
The report, together with Chapter 80, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 53, "NEGOTIABLE INSTRUMENTS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
1·eport.ed Chapter 53, "Negotiable Instruments," correctly engrossed.
The President pro tem put the question, "Shall Chapter 53 be
adopted as a part of the proposed Revised Code?" which was decided
in the affiqnative, and the Chapter was adopted as a part of the pro­posed
Revised Code.
The President pro. tern announced the signing 111 open session
of Chapter 53, "Negotiable Instruments."
APPOINTMENT OF EMPLOYEE
Mr. Jones, for the Committee on Employees and Supplies, sub­mitted
a report recommending the appointment of J. R. McDougal as
clerk at a salary of $6.00 per day.
Mr. Jones moved the adoption of the report. The motion was
agreed to, and the report adopted.
CHAPTER 67, "SALES UNDER CONDITIONAL CONTRACTS"
Chapter 67, "Sales Under Conditional Contracts," was placed
before the Senate.
Mr. Favour moved the adoption of the following amendment,
recommended by the Committee on Judiciary:
In Section 2910, lines 21, 22 and 23, change the
words "goods means all chattels personal other than
things in action and money" to Tead "goods means all
chattels personal other than things in action, money and
livestock."
The motion was agreed to, and the an1endment was adopted.
JOURNAL OF THE SENATE 43
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing"
By unanimous consent (at 10 o'clock and thirty-six minutes,
a" mo) the Senate stood at recess until 2 o'clock, po mo
AFTERNOON SESSION
The President pro tern called the Senate to order at 2: 15
o'dock, po nL
CHAPTER 60, "PUBLIC FINANCES"
Mr" Byers, for the Committee on Finance, reported Chapter
60, "Public Finances," with the recommendation that the Chapter be
adopted as revised, with the following amendments:
Section 2619, line 16, beginning with the word "out,"
strike to the end of the section, and in lieu thereof insert
the following: "and only out of the appropriation made
thereforo"
Section 2624, lines 5 a11d 6, strike the words, "ex­cept
when expressly authorized!'
Strike entire Sections 2657 and 2658"
Pages 780 and 781, strike the words "pending
referendum" and the entire Section 2665, and also the
WOTds "Alternate section, if preceding section defeated on
referendun10"
The report, together with Chapter 60, was placed on the Cal­endar
under the head of Orders of the Day"
CHAPTER 75, "TAXATION"
ML Byers, for the Committee on Finance, reported Chapter
75, "Taxation," with the recommendation that the Chapter be adopted
as revised, with the following amendments:
Section 3067, line 3, after the word "assessment"
add the words "as fixed by the tax commission or!'
Strike subdivision 4 of Section 3068, Article 2,
and in lieu thereof insert the following: "The
property of widows, honorably discharged sol-diers,
sailors, United States Marines, members of rev­enue
marine service and army nurses, re.sidents of this
State, not exceeding the amount of two thousand dollars,
where the total assessment of such widow and such other
persons named herein does not exceed five thousand dol­lars;
provided, that no such exemption shall be made for
such persons other than wido,ws unless they shall have
sel'Ved at least sixty days in the military or naval serv­ice
of the United States during time of war, and shall
44 JOURNAL OJi THE SENATE
have been residents of this State prior to January 1, 1927.
(Sec. 2, Art. 9, Const. of Arizona, adop. by ref. Nov. 6
1928).
The report, together ·with Chapter 75, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 64, "REAL PROPERTY"
Chapter 64, "Real Prnperty," was placed before the Senate.
The Chapter vvas ordered engrossed, and 1,vas referred to the:
Con1n1ittee on Enrol1ing· and Engrossing-.
IVl1-'. I 1ho1·nbu:rg r~10\red that the Senat8 adjourn until W[onday
1tnorning at 11) otclo,ck. The 1notio11 was agreed toJ and (at 3 o~clock
.and five min-ute.s, p. r~L) the .Senate adjJD1TI0N.JtL C01'11TiLtC~i1sn
fol' fbe Curnrnittee on EnroEing a1:1d EngTo~;.sing,
.,\Sales under Conchtiongl Contr::;•,cts," ·•.i7ith th.~
that _°Lh2 follo·vvi-ng corre,::tions be autho:_'ized:
In line 22, Section 2910, strik,e the cornr:t1a after the
v101·d ''a{:t.i_,01/'; strike v1,rhich is the last v,rord i:n. line
in line 2B, aft:~1· t\2 v.rord "'rnoney" inse1·t the \vorcls
live stock."
l\tI I'. of the an1.,sndrt1E~nts. The 1110-
i,~vn v'i2ts to 1 and the Cha1;ter \V.D.S re-1·~r£2r:red to the Cornrri1·~tc1.~
on En1··0HiY.:g and EngTossing.
CI--I1\.PTER 70, "ST ..4. .. TE I1TST1TUTI01\TSn
])1.IT. DonneHyJ for the Co1nn1ittee on Enrolling and Engros;:;ing,
reioorted ChapteI~ 707 ''State Institutions/' correctly engrossed.
The President
adoI1t0d as a part of
in the affir1nath1e,,
R.·2~v1ised Code,
ten'1 l)Ut the question, ••shall Chapter '70 b2
the proposed Revised Code?" which vras decided
th.e Chapter 1.vas adopt,sd as a part of th,::: prv-
The P1:esident pro t.r.?111 a:nncunced the signing 1n open sessi0n
cf Cha1::;ter 70, '1·State
"Sr\L.ARlES OF PUBLIC OFFICE·RS
Donnell;/1 fo1t the Corn:n1ittee on EnroHing and :£r:ng1·ossing;,,
1·epo-:rted Chapter 65, "Sala.Ties of Public Officers/' corr.ectly engrossed,
itd.optcd
in the affi:rmati,7e;­Rcvised
C,ode.
pro tern the c_111estion, "'Slndl Chapter G5 be
the p,:icopDsed R,evised Code ?n vvh:ich vv-as decicled
the Cllapte1· Vl::1S adopL.x1 2,s a 1Jart of the pro-
The President pxo ten1 announced th-e signing' 1n open s,ession
of Chapter "Salaries of Public Officers."
CHAPTER 59, "PUBLIC BUILDINGS"
I\!Iro DonneHy, for the Con1:rnittee on }!~nrolling and .G::..'1grossing1
reported Chapter 59, "Public Buildings," col'rectly engrossed.
The President tern put the question, ''Shall Chapte1~ 59 be
JOURNAL OF THE SE:.vhich vvas dscicled
in tbe affix1r1ative) tbs Chf~:pte;:: 1ivas adopted as a :pa::;:t of the p:to­posed
}1evised Code.
The 1:::ir,2sident pro te1n arrncunc:ed the sign.i11g- 111 01)2n s·t:ssiou
of Chapter 64, "Real Pro1Jexty.
l\1r. Donnelly, for the CoT11rnit-te,e on Enrolling and Engros~:;-~ng,
Ie]_]·ort,2d Chapter 138, ''State Prison,n correctly eng:r-ossect
The President pro ten1 l)Ut the c_(nestion, '(Shall Charter 18S 1.Je
adopted as a part of the pn·posed Revised Code " which was decidecl.
jn the affin:n2:.tive, and the Chapte:r ·v;ras adopted as a part of tb.e pro­posed
Revised Code.
CHAPTER 139, "JA.E.,S"
l\'11·. ]Donnelly, for the Com1nittee on EErolling and Eng1·ossh1g]
reported Chapter 139, "Jails," ~with the recommendation that the fol­lowing
conection be authorized:
In Chapter 139, Section gg3, line strike the vvoi~d
was" and insert in lieu thereof the word
]:lr, Jones moved the adoption of the a1nendm2nt. The L.'lotion
v11as agreed toJ and the Chapter -,.,vas re-1·eie:rred to the Co:rr11nitt'.-~2 on
Enrolling and Engrossing,
GILA AND ITS TRIBUTARIES
IHr. K:in1baH n1oved that the rules be st:.S}Jended; to pe:rr.a-lLt th2
introduction and consideratJon of a bHl relating to the 'Gila ri1.rer and its
tributaries. The n1otion -was agreed to on ,:coll caH) v.ihich resulted:
Ayes 13, :not voting· 6, as follows:
AYBS
Bettvvy
Colter
Donnelly
Favour
Hill
Jones
Kimball
Kinney
Lyons
J:,Telson
_;_"j,/8I'S
3utt2r
52
Akers
Joyner
JOURNAL OF THE SENATE
NOT VOTING
Thornburg
Waters
'Nills The President
Senate Bill No. 1, by Mr. Kimball, entitled, "An Act to Pro­vide
£or. the acceptance of the benefits of H. R. 10796, An Act passed
by the Seventieth Congress of the United States of America, Icirst
Session, and approved by the President, 'To authorize surveys and
investi,n,tions to determine the best methods and means of utilizing·
the vva.ters of the Gila River and its tributaries above the San Ca:r­los
Reservoir in New Mexico and Arizona'; to authorize the State
'\Vater Commissioner to enter into, contracts; and to provide an ap­propriation
to enable the State of. Arizona to cooperate in doing this
wo1'k; and declaring an emergency," was read the first time, by num­ber
and title.
Kimball moved that the rules be fm:ther suspended and
Senate Bill No. 1, relating to the Gila river and its tributaries, be
placed under the order of business Second Reading of Bills. The
motion was agreed to.
Senate Bill No. 1, by Mr. Kimball, relating to the Gila river
and its tributaries, was read the second times by number and title.
Mr. Kimball moved that the rules be further suspended, and
Senate Bill No. 1 be placed under the order of business Third Read­ing
of bills for today·. The motion was agreed to on roll call, which
resulted: Ayes 13, not voting 6, as follows:
Bettwy
Colter
Donnelly
Favour
Akers
Joyner
Hill
Jones
Kimball
Kinney
AYES
Lyons
Nelson
Byers
Sutter
NOT VOTING
ThoYnburg
V\laters
Wills
Vlylie
The President
Senate Bill No. 1, by Mr. Kimball, relating to the Gila river
and its tribut:ixies, was read the third time in full. The roll was called
vn final passage, and resulted: Ayes 13, not voting 6, as follows:
Bettwy
Colter
Donnelly
Favour
Hill
Jones
Kimball
Kinney
AYES
Lyons
Nelson
Byers
Sutter
NOT VOTING
Akers
Joyner
Tl1ornburg
VVaters
So the Bill was pasEed.
Wills
Wylie
The President
JOURNAL OF THE SENATE 53
The President pro tern announced the signing in open session
of Senate Bill No. 1, by Mr. Kimball, relating to the Gila river and its
tributaries.
CHAPTER 80, "WAREHOUSE RECEIPTS"
Chapter 80, "Wa1·ehouse Receipts," was placed before the Sen-ate.
The Chapter was ordered engrossed, and was refened to the
Comm.ittee on Enrolling and Engrossing.
CHAPTER 69, "STATE HISTORIAN AND PIONEER HISTORICAL
SOCIETY"
Chapter 69, "State Historian and Pioneer Historical Society/'
v;,as placed before the Senate.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
lVir. Nelson moved that the Senate stand at Tecess until 2
o'clock, p. m. The motion ·was agreed to, and (at 11 o'clock and fifty
rninutes, a. m.) the Senate stood at recess.
AFTERNOON SESSION
The President pro tern called the Senate to order at 3:54 o'clock,
p. m.
CHAPTER 67, "SALES UNDER CONDITIONAL CONTRACTS"
ML Donnelly, for the Committee on Enrolling and Engrossing,
reported Chapter 67, "Sales under Conditional Contracts," correctly
engl'ossed.
. The President pro tern put the question, "Shall Chapter 67 be
·adopted as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter was adopted as a part of the pro­pose,
1 Revised Code.
The President pro tern announced the signing in open session
of Chapter 67, "Sales under Conditional Contracts."
CHAPTER 139, "JAILS"
Mr. Donnelly, for the Committee on Enrolling and Engrossing,
reported Chapter 139, "Jails," correctly engrossed.
The President pro tern put the question, "Shall Chapter 139 be
adopted as a part of the proposed Revised Code?" which was decided
in the affirmative, and the Chapter was adopted as a part of the pro­pps_
ed Revised_ Code.
Mr. Kimball moved that the Senate adjourn until tomorrow
JOURNAL OF THE SENATE
morning, at 10 o'clock. The motion was agreed to, and (at 3 o'clock
and fifty-five minutes, p. m.) the Senate adjourned until tomorrow,
Wednesday, November 28, 1928, at 10 o'clock, a. m.
T. W. DONNELLY,
President pro tem.
DOROTHY BURTON COLTER,
Secretary.
'\JVEDNESDA Y5 NOVEl\tIBER
TWENTY -EIGHT
The Senate met at 10:30 o'clock, a. rn. (Mr. Donnelly in the
chair).
~·
Rev. E. E. 1Villiams, Chaplain of the Senate, offered prayer.
The roll was called and the following Senators answered to
their names:
Akers Favour Kinney Sutter
Bettwy Hill Lyons Wylie
Colter Jones Nelson
Donnelly Kimball Byers
THE JOURNAL
By unanimous consent, the reading of the Journal of Tuesday,
November 27, 1928, was dispensed with, and the Journal was approved.
MESSAGES FROM THE HOUSE
Messages from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had adopted the following
Chaptern:
Chapter 5, "Agriculture and Horticulture."
Chapter 7, "Attorneys at Laws."
Chapter 10, "Bills of Lading."
Chapter 11, "Bonds, Judicial and Statutory."
Chapter 13, "Cooperative Marketing."
Chapter 18, "Death by Wrongful Act."
Chapter 20, "Descent and Distribution."
CHAPTER 60, "PUBLIC FINANCES"
Chapter 60, "Public Finances," was placed before the Senate.
Mr. Byers moved the adoption of the following amendme.nt
recommended by the Committee on Finance:
JOURNAL OF THE SENATE
Page 772, Section 2619, line 16, beginning with
the word "out" strike to the end of the section, and in
lieu thereof insert the following: "and only out of the
appropriation made therefor."
55
The motion was agreed to, and the amendment was adopted.
Mr. Byers moved the adoption of the following amendment
Iecommended by the Committee on Finance:
Page 773, Section 2624, lines 5-6, strike the words
"except when expressly authorized."
The motion was agreed to, and the amendment was adopted.
Mr. Byers moved the adoption of the following amendment
recommended by the Committee on Finance:
Pages 778 and 779, strike the entire Sections 2657
and 2658.
The motion was agreed to, and the amendment was adopted.
Mr. Eyers moved the adoption of the following amendment
n,commended by the Committee on Finance:
Pages 780 and 781, strike the words "pending
referendum" and the entire Section 2665, and also the
words ("Alternate section,· if preceding section defeated
on referendum").
The motion was agreed to, and the amendment was adopted.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
GILA RIVER AND ITS TRIBUTARIES
A message from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had passed Senate Bill
No. 1, by JVIr. Kimball, pertaining to the Gila River and its tribu­taries.
REFERENCE TO COMMITTEES
The President pro tem announced the following references to
standing committees:
Chapter 5, "Agriculture and Horticulture," to the Committee
on Agriculture and Forestry.
Chapter 7, "Attorneys at Law," to the Committee on Judiciary.
Chapter 10, "Bills of Lading," to the Committee on Methods of
Business.
Chapter 11, "Bonds, Judicial and Statutory," to the Committee
on Judiciary.
56 JOURNAL OF THE SENATE
Chapter 13, "Cooperative Marketing," to the Cmm:nittee on
Agriculture and Forestry.
Chapter 18, "Death by vVrong;ful Act," to the Committee on
Judiciary.
Chapter 20, "Descent and Distribution," to the Committee on
Judiciary.
CHAPTER 73, "STATUTORY CONSTRUCTION"
Mr. Favom·, fo1· the Committee on Judiciary, reported
73, "C::tatutory Construction," with the recommendation that the
ter b8 adopted as revised, ·with the following amendment:
Strike the entire Section 3046 after the heading,
and in lin, thereof insert the following:
"A person who at the time an act takes effect
holds office under a law by such act repealed, continues
to hold office according to the tenure of the law repealed,
unless the duties of such office are expressly transfened
to some other office."
The report, together with Chapter 73, was placed on the Cal­endar
under the head of Orders of the Day.
CHAPTER 75, "TAXATION"
Chapter 75, "Taxation," vvas placed before the Senate.
Mr. Byers moved the adoption of the following arnendment
'recommended by the Committee on Finance:
Page 865, Section 3067, line 3, after the word "as­sessment"
add the words "as fixed by the tax comn1ission
or."
The n'lotion was agreed to, and the amendment was adopted.
J\fr. Byers moved the adoption of the following amendment
recommended by the Committee on Finance:
Page 866, · strike subdivision 4 of Section 3068, of
Article 2, and in lieu thereof insert the following:
"The property of widows, honorably discharged
soldiers, sailors, United States Marines, · members of
Tevenue marine service, and army nurses, residents of
this State, not exceeding the amount of two thousand
dollars, where the total assessment of such widow and
such other persons named herein does not exceed five
thousand dollars; provided, that no such exemption shall
be made for such persons other than widows unless · they
shall have served at least sixty clays in the military 6:r
11aval >SP.rYice of the United St>'tes during time of war,
JOURNAL OF THE SENATE
and shall have been Tes id en ts of this State p1for to J anu­ary
1, 1927. (Sec. 2, Art 9, Const. of A1"'izona, adop. by
refo f'Tov. 6.i 1928).)1
57
The motion was agreed to, and the amendment was adopted.
The Chapter wa.s ordeTed engTossed, and was referred to the
Connnittee on Enrolling and Engrossing.
Mr. Hill fooved that the Senate stand at recess until 2 o'clock,
p. m. The mution was agreed to, and (at 11 o'elock and fifty-eig·ht
rr1inutes, a. 1n.) the Senate stocd at re·cess.
AF'TERNOON SESSION
The President pro tern called the Senate to or,Lc,r at 2:25 o'clock,
p. rn.
CHAPTERS S7 TO 109 INCLUSIVE, PENAL CODE
Mr. Favour, for the Committee on Judiciary, reported Chapters
97 to 109 inclusive, of the Penal Code, with the recommendation that
the Chapters be adopted as revised.
The report, together with Chapters 97 to 109, was placed on the
Calendar under the head of Orders of the Day.
CHAPTERS 111 TO 137 INCLUSIVE, PENAL CODE
Mr. Favour, for the Committee on Judiciary, reported Chapten;
111 to 137 inclusive, of the Penal Code, with the recommendation that
the Chapters be adopted as revised.
The report, together with Chapters 111 to 137, was pl.aced on the
Calendar under the head of 01·ders of the Day.
MESSAGES FROM THE HOUSE
Messages from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had adopted the following
Chapters:
Chapter 23, "Eminent Domain," with certain amendments.
Chapter 19, "Deeds and Conveyances," with certain amend­ments.
Chapter 6, "Assignment for the Benefit of Creditors." with cer­tain
am.endments.
Chapter 47, "Limitations of Actions."
Chapter 42, "Landmarks and Surveys."
Chapter 41, "Landlord and Tenant."
Chapter 40, "Juveniles and Child ·welfare."
58 JOURNAL OF THE SENATE
Chapter 39, "Juries and Jurors."
Chapter 35, "Insane Persons."
Chapter 33, Homestead and Personal Property Exemptions."
Chapter 28, "Fraternal and Benefit Societies."
Chapter 25, "Fees and Costs."
Chapter 4, "Adoption."
PROTECTION OF FISH AND GAME
A message from the House of Representatives, by F. R. Duffy,
its Chief Clerk, announced that the House had passed House Bill No.
3, entitled, "An Act requiring the issuance of licenses for the hunt­ing
of game and taking of fish of the State, reg·ulating and limiting
the seasons and the bag limits for such hunting and taking of fish,
and declaring an emergency."
House Bill No. 3, entitled, "An Act reqmrmg the issuance of
licenses for the hunting of game and taking of fish of the State,.
regulating and limiting the seasons and the bag limits for such hunt­ing
and taking of fish, and declaring an emergency," was read the·
first time by number and title.
Mr. Nelson moved that the rules be suspended and House Bill
No. 3 be placed under the order of business Second Reading of Bills.
The motion was agreed to, and the Bill was placed under the order
of business Second Reading of Bills.
House Bill No. 3 was read the second time by number and
title.
Mr. Nelson moved that the rules be further suspended and the
bill be placed under the order of business Third Reading of Bills for
today. The motion was agreed to on roll call, which resulted: Ayes
13, not voting 6, as follows:
Akers
Bettwy
Colter
Donnelly
Joyner
Sutter
Favour
Hill
Jones
Kimball
AYES
Kinney
Lyons
Nelson
Byers
NOT VOTING
Tl10,rnburg
Waters
Wills
Wylie
The President
House Bill No. 3 was read the third time in full. Th~ roll was
called on final passage, and resulted: Ayes 13, not voting 6, as fol­lows:
Akers
Bettwy
Colter
Donnelly
Joyner
Sutter
JOURNAL OF THE SENATE
AYES
Favour
Hill
Jones
Kimball
Kinney
1~yons
Nelson
Byers
NOT VOTING
Tl1ornburg
Vvaters
vVills
So the Bill was passed.
59
Vl,vlic
The President
The President pro tern announced the signing in open session
of House Bill No. 3, relating to the protection of fish and game.
CHAPTER 73, "STATUTORY CONSTRUCTION"
Chapter 73, "Statutory Constructi~n," ,vas placed before the
Senate.
Mr. Favour moved the adoption of the follo,wing amendment
recommended by the Committee on Judiciary;
Strike the entire Section 3046 after the heading,
and in lieu thereof insert the following:
"A person who at the time an act takes effect holds
office under a law by such act repealed, continues to
hold the office according to the tenure of the law repealed,
unless the duties of such office are expressly transferred
to some other office."
The motion was agreed to, and the amendment was adopted.
The Chapter was ordered engrossed, and was referred to the
Committee on Enrolling and Engrossing.
Mr. Hill moved that the Senate adjourn until Friday morning
at 10 o'clock. The motion was agreed to, and (at 3 o'clock and forty­nine
minutes, p. 111.) the Senate adjourned until Friday, November